1-1 By: West S.B. No. 678
1-2 (In the Senate - Filed February 13, 2001; February 14, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 21, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 21, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 678 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the period during which a justice, municipal, or
1-11 juvenile court may defer proceedings against certain persons for
1-12 purposes of attending a teen court program.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsections (a) and (c), Article 45.052, Code of
1-15 Criminal Procedure, are amended to read as follows:
1-16 (a) A justice or municipal court may defer proceedings
1-17 against a defendant who is under the age of 18 or enrolled full
1-18 time in an accredited secondary school in a program leading toward
1-19 a high school diploma for not more than 180 [90] days if the
1-20 defendant:
1-21 (1) is charged with an offense that the court has
1-22 jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-23 Procedure;
1-24 (2) pleads nolo contendere or guilty to the offense in
1-25 open court with the defendant's parent, guardian, or managing
1-26 conservator present;
1-27 (3) presents to the court an oral or written request
1-28 to attend a teen court program; and
1-29 (4) has not successfully completed a teen court
1-30 program in the two years preceding the date that the alleged
1-31 offense occurred.
1-32 (c) A defendant for whom proceedings are deferred under
1-33 Subsection (a) shall complete the teen court program not later than
1-34 the 90th day after the date the teen court hearing to determine
1-35 punishment is held. The justice or municipal court shall dismiss
1-36 the charge at the conclusion of the deferral period if the
1-37 defendant presents satisfactory evidence that the defendant has
1-38 successfully completed the teen court program.
1-39 SECTION 2. Subsections (a) and (c), Section 54.032, Family
1-40 Code, are amended to read as follows:
1-41 (a) A juvenile court may defer adjudication proceedings
1-42 under Section 54.03 [of this code] for not more than 180 [90] days
1-43 if the child:
1-44 (1) is alleged to have engaged in conduct indicating a
1-45 need for supervision that violated a penal law of this state of the
1-46 grade of misdemeanor that is punishable by fine only or a penal
1-47 ordinance of a political subdivision of this state;
1-48 (2) waives, under Section 51.09 [of this code], the
1-49 privilege against self-incrimination and testifies under oath that
1-50 the allegations are true;
1-51 (3) presents to the court an oral or written request
1-52 to attend a teen court program; and
1-53 (4) has not successfully completed a teen court
1-54 program for the violation of the same penal law or ordinance in the
1-55 two years preceding the date that the alleged conduct occurred.
1-56 (c) A child for whom adjudication proceedings are deferred
1-57 under Subsection (a) shall complete the teen court program not
1-58 later than the 90th day after the date the teen court hearing to
1-59 determine punishment is held. The court shall dismiss the case
1-60 with prejudice at the conclusion of the deferral period if the
1-61 child presents satisfactory evidence that the child has
1-62 successfully completed the teen court program.
1-63 SECTION 3. (a) This Act takes effect September 1, 2001, and
1-64 applies only to a defendant charged with an offense committed or,
2-1 for the purposes of Title 3, Family Code, a child alleged to have
2-2 engaged in conduct that occurs on or after the effective date of
2-3 this Act. An offense committed or conduct that occurs before the
2-4 effective date of this Act is covered by the law in effect when the
2-5 offense was committed or the conduct occurred, and the former law
2-6 is continued in effect for that purpose.
2-7 (b) For purposes of this section, an offense was committed
2-8 before the effective date of this Act if every element of the
2-9 offense occurred before that date, and conduct violating a penal
2-10 law of this state occurred before the effective date of this Act if
2-11 every element of the violation occurred before that date.
2-12 * * * * *