SRC-TAG C.S.H.B. 2319 78(R) BILL ANALYSIS
Senate Research CenterC.S.H.B. 2319
78R15537 SLO-DBy: Dutton (West)
Criminal Justice
5/21/2003
Committee Report (Substituted)
This analysis utilizes the House Committee Report, which is the most
recent version available to the Senate Research Center. A list of Senate
committee amendments is attached at the end of the analysis, after the
adopted House floor amendments.
BACKGROUND AND PURPOSE
Juvenile justice practitioners, juvenile court judges and university
faculty members assisted in making recommendations for juvenile justice
legislation. In particular, this group made recommendations about the
rights and responsibilities of parents in the juvenile justice system and
the need for more guidance regarding enforcement proceedings that affect
parents. This area of concern and a number of other proposed amendments
reflect the changing needs of a juvenile justice system that has increased
in size, sophistication and complexity since the reforms of the 74th
Legislature.
C.S.H.B. 2319 includes a number of substantive amendments to the Family
Code, Code of Criminal Procedure and other statutes dealing primarily with
provisions related to parental rights in juvenile proceedings, procedural
requirements for enforcement of juvenile court orders, sex offender
registration, children in justice and municipal courts, determinate
sentence cases, and confidentiality of youth records. There are a number
of other substantive amendments covering a wide range of topics and
additional clarifying and technical amendments that have come to light
since the last legislative session.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Juvenile Probation Commission in SECTION 47 (Section
141.042 Human Resources Code) of this bill
Rulemaking does not reflect an additional rulemaking granted in the House
floor amendments or in the Senate committee amendments.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 51.02(16), Family Code, Penal Code, Section
8.07(a); and Transportation Code, Section 729.001(a) to provide that the
juvenile court has jurisdiction over two new traffic offenses that are
punishable by confinement in jail if committed by an adult (Driving While
License Invalid and Duty on Striking Fixture or Highway Landscaping).
SECTION 2. Amends Sections 51.041(a), Family Code, which gives the State
a right to appeal determinate sentence cases, and stay the proceedings,
just as the State has a right to do in criminal cases as provided by Code
of Criminal Procedure, Article 44.01. Requires appointment of counsel for
appeal representation if the court finds the parents are indigent.
Requires the child to be released from detention during the pendency of
the appeal. Preserves the juvenile court's jurisdiction without regard to
age when an appellate court reverses and remands appealed cases.
SECTION 3. Amends Section 51.08(d), Family Code, and Article 45.056, Code
of Criminal Procedure, which authorizes employment of juvenile case
managers to provide services in all cases involving children in justice
and municipal court, not just truancy cases.
SECTION 4. Amends Section 51.10(j), (k) & (l), Family Code which
authorizes public access to a list of attorneys eligible for appointment
in each level of a juvenile case. Authorizes the juvenile court to
establish a payment schedule for a parent or other person responsible for
a child's support to reimburse, in full or in part, the costs of appointed
counsel.
SECTION 5. Amends Section 51.102, Family Code, which reduces the number
of juvenile case levels from five to three that must be included in
appointment of counsel plans to indicate the level of attorneys'
qualifications and experience.
SECTION 6. Amends Section 51.13(d), Family Code and Section 12.42(f),
Penal Code which provides that the mandatory life provisions of Penal Code
Section 12.42(c)(2) for the second conviction of certain sex offenses
cannot be based on a prior juvenile adjudication.
SECTION 7. Amends Section 51.17(d) & (e), Family Code, which authorizes
the appointment of interpreters in juvenile proceedings for parents and
guardians who are deaf or who cannot speak or understand English.
SECTION 8. Amends Section 52.01(a), (c) & 52.02(a), Family Code, which
authorizes a law enforcement officer to take a child into custody if the
officer has probable cause to believe the child has violated a probation
condition and to bring the child to juvenile court intake.
SECTION 9. Amends Section 52.01(a), (c) & 52.02(a), Family Code, which
authorizes a law enforcement officer to take a child into custody if the
officer has probable cause to believe the child has violated a probation
condition and to bring the child to juvenile court intake.
SECTION 10. Amends Sections 52.01(c); 52.03(d); 52.04(d); 53.01 (a) & (c);
53.03(d), Family Code by conforming amendments to substitute "board" for
"court."
SECTION 11. Amends Sections 52.01(c); 52.03(d); 52.04(d); 53.01 (a) & (c);
53.03(d), Family Code by conforming amendments to substitute "board" for
"court."
SECTION 12. Amends Sections 52.01(c); 52.03(d); 52.04(d); 53.01 (a) & (c);
53.03(d), Family Code by conforming amendments to substitute "board" for
"court."
SECTION 13. Amends Section 53.03(I) & (j), Family Code which authorizes
the juvenile court to place a child on deferred prosecution up until the
point jeopardy attaches and limits to one year the total time a child may
be on deferred prosecution.
SECTION 14. Amends Section 54.01 (b), (m), (o), (q) & (r), Family Code
which authorizes judicial orders for parents, guardians or custodians who
are in attendance at detention hearings related to their assistance in
gaining children's compliance with the conditions of release. Clarifies
that detention hearing requirements apply to cases involving alleged
violations of conditions of probation.
SECTION 15. Amends Section 54.03(i), Family Code which corrects a citation
reference to the Texas Rules of Appellate Procedure.
SECTION 16. Amends Section 54.032(a) and (f), Family Code which conforms
teen court provisions to those in Code of Criminal Procedure, Article
45.052, that govern the proceedings in justice and municipal courts.
SECTION 17. Amends Section 54.041(a), Family Code which authorizes the
court to order parents or other persons responsible for a child's support
to pay, to the extent they are able, all or part of the costs of treatment
programs while the child is on probation.
SECTION 18. Amends Section 54.042(c) and (d), Family Code which limits to
one year the period of possible license suspension or denial for
juveniles.
SECTION 19. Amends Section 54.05(k), Family Code which clarifies that for
commitment to the Texas Youth Commission for a violation of a condition of
a Class A or B misdemeanor probation there must have been at least one
adjudication for a felony or Class A or B misdemeanor offense before the
adjudication that resulted in the child's current probation. Further adds
Section 54.05(l), Family Code which authorizes a post-expiration date
order extending a probation period if the motion for revocation or
modification of probation has been filed before the expiration date and
the extension order occurs within a year of the expiration date.
SECTION 20. Amends Section 54.051(e),and adds Subsections (e-1), (e-2),
(e-3), (g),(h), and (i), Family Code which clarifies that statutory
restrictions imposed by the Code of Criminal Procedure for so-called 3g
offenses, for setting minimum periods of probation and for imposing
sentence following probation revocation are not applicable to an 18 year
old who is transferred from juvenile probation to criminal court for
continuation of determinate sentence probation. Authorizes the criminal
court to re-examine the need for sex offender registration in transferred
cases when the juvenile court would have been authorized to do so before
the transfer. Authorizes transfer of determinate sentence probation in
cases where the adjudication takes place after the person's 18th birthday.
SECTION 21. Amends Section 54.07, Family Code, by deleting a provision
related to enforcement of child support, restitution and probation fees
through civil contempt proceedings and a provision related to rendering
judgment against defaulting persons. Adds reference to a proposed new
Chapter 61 for the procedural requirements for enforcement of all court
orders except for child support orders (provided for in Section 54.06).
Prohibits punishment of a child for contempt of court for violating
conditions of probation, deferred prosecution or release from detention.
Authorizes direct contempt proceedings against a child for conduct
occurring in the presence of the court, limited to up to 10 days detention
and/or 40 hours community service. Authorizes civil or coercive contempt
proceedings in appropriate cases to enforce orders.
SECTION 22. Amends Section 54.11, by adding subsections (l), (m) and (n),
Family Code, which requires detention, separate from other children if
practicable, of determinate sentence youth pending a juvenile court
hearing regarding their transfer to prison. Authorizes their detention in
adult jail facilities, without bond, if they are 17 years of age or older.
Requires sheriffs to take custody of youth ordered detained in an adult
jail.
SECTION 23. Amends Section 56.03, Family Code, which gives the State a
right to appeal determinate sentence cases, and stay the proceedings, just
as the State has a right to do in criminal cases as provided by Code of
Criminal Procedure, Article 44.01. Requires appointment of counsel for
appeal representation if the court finds the parents are indigent.
Requires the child to be released from detention during the pendency of
the appeal. Preserves the juvenile court's jurisdiction without regard to
age when an appellate court reverses and remands appealed cases.
SECTION 24. Amends Section 58.003(n), Family Code which corrects a
citation to the Sex Offender Registration Program.
SECTION 25. Amends Section 58.005(a), Family Code which clarifies that all
children's records and personally identifiable information in a placement
facility are confidential, not just the files and records that have a
treatment purpose.
SECTION 26. Amends Title 3, Family Code, by adding Chapter 61, Sections
61.001-61.057, Family Code, which establishes court procedures for
ordering parents and other eligible persons to take some action or refrain
from taking some action in a child's case and sets out the powers and
procedures for enforcing the orders. These subchapters apply to all such
court orders that are authorized in other sections of the Juvenile Justice
Code, except for child support orders that are provided for in Section
54.06, of the Family Code.
Amends Sections 61.003 and 61.004 to provide that the court may enter an
order on its own motion after giving the parent or other eligible person
notice and an opportunity to be heard on the matter. Both the parent and
the person requesting the order may appeal from an adverse judgment as in
any other civil case, but an appeal does not affect the juvenile
proceedings in the case.
Amends Sections 61.051 and 61.052 to provide that a motion for enforcement
e of an order must include all the violations of court orders that the
movant believes to have occurred, state specifically the manner of the
person's alleged noncompliance and the requested relief. The motion must
be filed not later than six months after the child's 18th birthday.
Notice of the hearing on the motion must be by personal service or
certified mail, not later than the 10th day before the hearing date. An
arrest warrant is issued for persons who fail to appear after personal
service.
Amends Sections 61.053 and 61.054 to provide that persons have the right
to counsel, and to appointed counsel if indigent, in enforcement hearings.
The attorney has not less than10 days to prepare for the hearing.
Appointed counsel must meet the qualifications and be paid according to
the standards set by the juvenile board for attorneys representing
children in Class B misdemeanor cases. The court is authorized to order
reimbursement to the county for the fees it has paid to appointed counsel.
Amends Sections 61.055 and 61.056 to provide that a record of the
enforcement hearing proceedings must be made and all allegations in the
notice must be proved beyond a reasonable doubt. The accused person has
the right not to be called as a witness or to incriminate himself or
herself. There is no right to a jury. It is an affirmative defense if
the original court order was entered without adequate notice or an
opportunity to be heard. If defenses were not raised in previous
proceedings because the person was not then represented by counsel, they
may be raised in this hearing. If the allegation is nonpayment of money
ordered to be paid, it is an affirmative defense that the person was
financially unable to pay. The inability to pay must be proven by a
preponderance of the evidence.
Amends Section 61.057 to provide a single fine of up to five hundred
dollars and a single jail sentence of up to six months from a single
enforcement proceeding are authorized, but no more. In lieu of
incarceration, the court may require future conduct in compliance with its
previous orders or new conduct that is remedial of prior failures to
comply. These burdens may be reduced, but not increased without a new
enforcement proceeding for violations. A probation officer may be
assigned to assist compliance
Amends Chapter 61, Family Code, Sections 61.101-61.107, Subchapter C of
this new chapter which deals with the rights of parents, including the
rights of the child's guardian or custodian, in juvenile proceedings.
Amends Section 61.102 to provide that the parent, guardian or custodian of
a child referred to juvenile court is entitled to be informed as soon as
practicable about some of the facts of the offense, the next step in the
juvenile process, visitation rules, the child' s right to counsel and how
to apply for appointed counsel, and what the parent can do to assist the
child in the process. In-person notice of this information is preferred,
but this information may be provided by telephone or in writing if the
child is not detained or if in-person communication is not feasible. The
information cannot be used as substantive evidence or as evidence to
impeach the testimony of a State's witness.
Amends Section 61.103 to provide that a parent has a right to private,
in-person communication with a child for reasonable periods of time when
the child is in the juvenile processing office, a detention facility, a
Texas Youth Commission ("TYC") facility or other placement facility. The
visits may be regulated to prevent disruption of scheduled activities and
to maintain the safety and security of the facility.
Amends Section 61.104 to provide that a form must accompany petitions and
motions that are served on parents, guardians or custodians inviting them
to make a written statement about the needs of the child and family and
any other matter relevant to disposition of the case. The statement is
transmitted to the court in the same manner as other reports.
Amends Section 61.105 to provide that after all the evidence has been
received in a case, a parent, guardian, or custodian must be given the
opportunity to make an oral statement to the court about the child or
about the disposition of the case. The statement is not under oath and is
not subject to cross-examination.
Amends Sections 61.106 and 61.107 to provide that a failure to comply
with the provisions of this subchapter may not be used as a ground for
appeal or collateral challenge nor may liability be imposed for it on any
juvenile justice or law enforcement official or agency.
SECTION 27. Amends Section 261.405 (b) and (c), Family Code to conform
with terminology used elsewhere in the chapter by adding "exploitation"
when reference is made to reports of abuse or neglect.
SECTION 28. Amends Article 44.47(b), Code of Criminal Procedure, which
authorizes appeal of certification issues in conjunction with an appeal of
a deferred adjudication from the criminal court in the same way such
issues can be appealed in conjunction with an appeal of a conviction.
SECTION 29. Amends Article 45.045, Code of Criminal Procedure, which
authorizes local trial courts to use capias pro fine warrants to enforce
outstanding judgments against adults when the judgments were incurred
before age 17. The court must first consider the specifics of the case
and utilize other resources, including juvenile contempt.
SECTION 30. Amends Article 45.050, Code of Criminal Procedure, which
requires the justice or municipal court to provide a child notice and the
opportunity to be heard before holding the child in contempt of court for
failing to obey an order. Clarifies that a person age 17 or older may be
held in contempt for violating an order that was entered before the person
became age 17, whether the violation occurred before or after age 17.
SECTION 31. Amends Article 45.056, Code of Criminal Procedure, which
authorizes employment of juvenile case managers to provide services in all
cases involving children in justice and municipal court, not just truancy
cases.
SECTION 32. Amends Article 45.057(a), (b), (e), (h), and adds subsection
(i), (j),(k) and (l), Code of Criminal Procedure, which makes it a Class C
misdemeanor for a parent to fail to appear with a child in traffic offense
cases and for a child, parent or guardian to fail to keep the court
advised of a change of residence of more than 30 days. Provision is made
for adequate notice of both obligations. "Parent" is defined as a person
standing in parental relation. Eliminates the requirement that the court
first find that the parent actually contributed to or encouraged the
child's misconduct before ordering the parent to do something to help the
child comply with court orders.
SECTION 33. Amends Subchapter B, Chapter 45, Code of Criminal Procedure,
by adding Article 45.060, which authorizes justice or municipal courts to
issue to persons age 17 or older a notice, by personal service or mail, of
continuing obligation to appear and answer allegations made prior to the
person becoming age 17. Failure to appear after receiving this notice is
a Class C misdemeanor. The court must have used all available procedures
to secure the person's attendance before issuing this notice.
SECTION 34. Amends Article 62.13(b), (j), (n), (q) and adds (s), Code of
Criminal Procedure, which provides provisions related to the hearing to
determine the need for sex offender registration for juveniles.
(b) Clarifies that the hearing may be held during the dispositional phase
of the juvenile proceeding and can occur even if the person is age 18 or
older. (j) Clarifies that any appropriate therapy for the sex offense
may be employed during a registration deferral period, not just
specialized sex offender treatment. Provides that when the treatment is
completed in these cases registration is excused, unless the State moves
for a hearing on the matter.
(n) Authorizes a single motion to excuse registration or for restricted
public access after a person has registered, even if a previous motion to
excuse was denied in the case.
(q) Requires that a court order excusing registration or restricting
public access after the person has already registered be sent to law
enforcement agencies and public and private agencies and organizations
which have registration information that is available to the public.
Requires that the court send these orders only when the person proves
these entities have registration information and when the person pays a
$20 fee for each order.
(s) Extends the opportunity for hearing under this article to include
persons who are residents of Texas, but who are required to register
because of an out-of-state adjudication of delinquent conduct. It applies
only to registration information derived from the registration in Texas.
SECTION 35. Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.14, which requires that the Department of Public Safety
("DPS") remove all information about a person in the sex offender registry
when it verifies, after notification by a local law enforcement authority,
the juvenile court, the person or the person's representative, that the
person is no longer required to register. Requires a local law
enforcement authority to determine whether the duty to register has
expired in an individual case and, if it has (or when it does), to remove
all information about the person from its registry and notify DPS of the
expiration. Upon receipt of notice from DPS that it has removed the
information from its registry, all local law enforcement authorities that
have provided information about an expired registration must do likewise
with information about the person in their local registries. Upon receipt
of notice from DPS that it has removed the information from its registry,
all public and private agencies and organizations that have received
registry information about the person must do likewise with information
they have about the person that is accessible to the public.
SECTION 36. Amends Section 25.093, Education Code, which corrects a
reference and replaces "truancy" with "non-attendance" and
"truancy-related" with "school attendance-related."
SECTION 37. Amends Section 25.094(d), Education Code, which corrects a
reference and replaces "truancy" with "non-attendance" and
"truancy-related" with "school attendance-related."
SECTION 38. Amends Section 25.0952, Education Code, which corrects a
reference and replaces "truancy" with "non-attendance" and
"truancy-related" with "school attendance-related."
SECTION 39. Amends Section, 29.087(d) and (f), Education Code, which
exempts the Texas Youth Commission ("TYC") youth who are ordered by TYC
to participate in high school equivalency examination preparation courses
from the eligibility criteria that would otherwise apply to the youth once
they are placed outside of TYC institutions.
SECTION 40. Amends Subchapter E, Chapter 30, Education Code by adding
Section 30.104, which requires a school district to grant a student credit
for courses the student successfully completes in TYC educational
programs. Authorizes TYC to grant a diploma or a certificate of course
work completion under the same terms and conditions as public schools.
SECTION 41. Amends Subchapter C, Chapter 71, Government Code, by adding
Section 71.0352, which requires justice and municipal courts to report to
the Office of Court Administration data related to the volume of school
attendance and truancy cases throughout the state, the number of justice,
municipal and juvenile courts adjudicating such cases and the measures
used most frequently by the courts to handle chronic truants.
SECTION 42. Amends Section 411.151(a), Government Code which requires
expunction of a person's DNA record from the database if the person
provides DPS with a certified copy of a sealing order in the case.
SECTION 43. Amends Section 552.028(c), Government Code to withhold from
youth who are confined in public and private juvenile correctional and
detention facilities the right to have unquestioned access to public
records, just as is the case with adults who are confined in jails and
prisons.
SECTION 44. Amends Section 61.073, Human Resources Code, which provides
that, subject to specified exceptions, all files and records pertaining to
TYC youth are confidential, including all personally identifiable
information.
SECTION 45. Amends Subchapter E, Chapter 61, Human Resources Code, by
adding Section 61.0731, which authorizes TYC to disclose information
concerning a child to the child and the child's parents or guardian only
if doing so would not harm the child's treatment nor decrease the
likelihood of receiving information from similar sources in the future.
Requires the consent of a TYC youth age 18 or older in order to release
information to the youth's parents. Authorizes TYC to release information
regarding a youth's location and name of committing court when there is a
legitimate need for it.
SECTION 46. Amends Section 61.084(e), Human Resources Code, which deletes
the requirement that youth who are sentenced to commitment for capital
murder be transferred automatically at age 21 to the Institutional
Division of the Texas Department of Criminal Justice ("TDCJ") to complete
their sentences when they have not been released on parole earlier by the
court. Instead, at age 21, these youth would be required to serve the
remainder of their sentences on adult parole just as youth sentenced to
commitment for other offenses are required to do. This amendment does not
affect the authority of TYC to request a juvenile court hearing for
transfer of these youth to the institutional division of TDCJ if their
behavior warrants it.
SECTION 47. Amends Section 141.042(a),(d) and adds (h), of the Human
Resources Code which provides amendments to the Texas Juvenile Probation
Commission ("TJPC") Enabling Act add detention and correctional officers
to the rulemaking authority of TJPC as it relates to the code of ethics
and educational requirements; delete the requirement that TJPC adopt
procedures for implementation of progressive sanctions programs and
guidelines; require TJPC to inspect and monitor detention and correctional
facilities biennially instead of annually; and require juvenile boards and
probation departments to adhere to TJPC standards and data collection
requirements even if they choose not to accept state funding.
SECTION 48. Amends Section 141.049(a), Human Resources Code, which
provides that TJPC investigations into complaints relating to a juvenile
board are for the purpose of determining whether there has been a
violation of a TJPC standard.
SECTION 49. Amends Section 141.061(a), Human Resources Code, provides
that probation officers hired on or after September 1, 1981 must meet the
college degree and related requirements, but officers working prior to
that date do not.
SECTION 50. Amends Section 8.07(a), Penal Code, which clarifies that the
juvenile court has jurisdiction over two new traffic offenses that are
punishable by confinement in jail if committed by an adult (Driving While
License Invalid and Duty on Striking Fixture or Highway Landscaping).
SECTION 51. Amends Section 12.42(f), Penal Code, which provides that the
mandatory life provisions of Penal Code, Section 12.42(c)(2) for the
second conviction of certain sex offenses cannot be based on a prior
juvenile adjudication.
SECTION 52. Amends Section 521.201, Transportation Code, which deletes a
reference to a court report of default in payment of a fine under a
repealed provision in Sec. 729.003.
SECTION 53. Amends Section 521.294, Transportation Code, which deletes a
reference to a court report of default in payment of a fine under a
repealed provision in Section 729.003.
SECTION 54. Amends Subchapter O, Chapter 521, Transportation Code, by
adding Section 521.3451, which authorizes the Department of Public Safety
to suspend or deny the issuance of a child's driver's license or
instruction permit when it receives an order to that effect entered by the
justice or municipal court and to reinstate the license or permit only
upon notice from the justice or municipal court that the person has
complied with the court's orders.
SECTION 55. Amends Section 543.117, Transportation Code, which deletes a
reference to Section 729.004 that is repealed.
SECTION 56. Amends Section 729.001(a) Transportation Code, which clarifies
that the juvenile court has jurisdiction over two new traffic offenses
that are punishable by confinement in jail if committed by an adult
(Driving While License Invalid and Duty on Striking Fixture or Highway
Landscaping).
SECTION 57. Amends Section 729.003, Transportation Code, which deletes
"AND JURISDICTION" from the heading related to procedure in cases
involving minors.
SECTION 58. Amends Section 729.003(d), Transportation Code, which deletes
the number from this provision related to reports to the Department of
Public Safety of persons charged with traffic offenses who do not appear
in court and to denial of their driver's license renewal. Other
provisions in this section are repealed.
SECTION 59 The following laws are repealed:
(1) Family Code, Section 52.027, repeals provision related to children
taken into custody for traffic offenses because it overlaps article
45.058, Code of Criminal Procedure, enacted in 2001.
Family Code, Section 54.023, repeals provision related to enforcement in
justice and municipal court because its content was moved to Chapter 45 of
the Code of Criminal Procedure in 2001.
Family Code, Section 54.06(d), repeals provision related to enforcement of
judgments for support to conform with amendments made in Section 54.07
(see SECTION 21 above) and new Chapter 61 (see SECTION 26 above)
(2) Transportation Code, Section 729.003(a), (b), (c), (e), and (g) and
Section 729.004, repeals redundant and unnecessary provisions that are
addressed elsewhere in Texas law.
(3) Human Resources Code, Section 61.084(d), repeals provision related to
the transfer to the institutional division of the Texas Department of
Criminal Justice of youth who receive a determinate sentence for capital
murder. (see SECTION 46 above)
Human Resources Code, Section 141.042(f), repeals an unnecessary
requirement for TJPC to monitor juvenile board alternative referral plans.
(4) Code of Criminal Procedure, Section 45.054, repeals redundant
provision related to the employment of case managers to juvenile cases in
justice and municipal court. (see SECTION 3 above)
Amends Section 61.084(e) and (d), Human Resources Code, which deletes the
requirement that youth who are sentenced to commitment for capital murder
be transferred automatically at age 21 to the Institutional Division of
the Texas Department of Criminal Justice ("TDCJ") to complete their
sentences when they have not been released on parole earlier by the court.
Instead, at age 21, these youth would be required to serve the remainder
of their sentences on adult parole just as youth sentenced to commitment
for other offenses are required to do. This amendment does not affect the
authority of TYC to request a juvenile court hearing for transfer of these
youth to the institutional division of TDCJ if their behavior warrants it.
Amends Section 141.042(a), (d) and (h), Human Resources Code which
provides amendments to the Texas Juvenile Probation Commission ("TJPC")
Enabling Act add detention and correctional officers to the rulemaking
authority of TJPC as it relates to the code of ethics and educational
requirements; delete the requirement that TJPC adopt procedures for
implementation of progressive sanctions programs and guidelines; require
TJPC to inspect and monitor detention and correctional facilities
biennially instead of annually; and require juvenile boards and probation
departments to adhere to TJPC standards and data collection requirements
even if they choose not to accept state funding.
SECTION 60. This Act takes effect September 1, 2003.
Provides for the prospective application of the Act for conduct occurring
on or after the effective date, except as provided in (d) and (e) below.
Provides for the continuing effectiveness of laws that were in effect at
the time of conduct occurring before the effective date.
Provides for the prospective application of the Act with regard to appeal
by the state under Section 56.01, Family Code, of an order by a juvenile
court rendered on or after the effective date. Provides for the continuing
effectiveness of laws that were in effect at the time the order was
rendered with regard to an appeal of an order rendered before the
effective date.
Provides for application of Sections 20, 34, and 51 to all cases without
regard to whether the conduct or proceedings occurred before, on, or after
the effective date.
Provides for Section 39 to take effect only if that amended section of
the Education Code does not expire on September 1, 2003.
EFFECTIVE DATE
September 1, 2003.
LIST OF ADOPTED FLOOR AMENDMENTS
Amend CSHB 2319 as follows:
(1)AAOn page 5, line 6, strike "(d) and (e)" and substitute
"(d), (e), and (f)".
(2)AAOn page 5, between lines 18 and 19, insert the
following:
(f)AAAny requirement under this title that a document contain
a person's signature, including the signature of a judge or a clerk
of the court, is satisfied if the document contains the signature
of the person as captured on an electronic device or as a digital
signature. Article 2.26, Code of Criminal Procedure, applies in a
proceeding held under this title.
Amend CSHB 2319 (Committee Printing) on page 55, lines 24-25,
by striking "probation programs, facilities, and services and" and
substituting "facilities and".
Amend CSHB 2319 (Committee Printing) as follows:
(1)AAOn page 8, strike lines 25-27 and substitute the
following:
(2)AAthere is probable cause to believe the person:
(A) engaged in delinquent conduct or conduct
indicating a need for supervision; or
(B)AAis a nonoffender who has been taken into
custody and is being held solely for deportation out of the United
States.
(2)AAOn page 12, between lines 14 and 15, insert the
following new SECTIONS to the bill, appropriately numbered, and
renumber the subsequent SECTIONS of the bill accordingly:
SECTIONA___.AAThe heading to Section 54.011, Family Code, is
amended to read as follows:
Sec.A54.011.AADETENTION HEARINGS FOR STATUS OFFENDERS AND
NONOFFENDERS; PENALTY.
SECTIONA___.AASection 54.011, Family Code, is amended by
adding Subsection (f) to read as follows:
(f)AAExcept as provided by Subsection (a), a nonoffender,
including a person who has been taken into custody and is being held
solely for deportation out of the United States, may not be detained
for any period of time in a secure detention facility or secure
correctional facility, regardless of whether the facility is
publicly or privately operated. A nonoffender who is detained in
violation of this subsection is entitled to immediate release from
the facility and may bring a civil action for compensation for the
illegal detention against any person responsible for the detention.
A person commits an offense if the person knowingly detains or
assists in detaining a nonoffender in a secure detention facility
or secure correctional facility in violation of this subsection.
An offense under this subsection is a Class B misdemeanor.
(3)AAOn page 64, line 1, strike "(d) and (e)" and substitute
"(d), (e), and (g)".
(4)AAOn page 64, line 15, strike "Sections 20, 34, and 51 of
this Act" and substitute "Section 54.051, Family Code, Article
62.13, Code of Criminal Procedure, and Section 12.42, Penal Code,
as amended by this Act".
1
(5)AAOn page 64, after line 21, insert the following:
(g)AASection 54.011(f), Family Code, as added by this Act,
applies only to a nonoffender who is detained in a secure detention
facility or secure correctional facility on or after the effective
date of this Act. A nonoffender who is detained in a secure
detention facility or secure correctional facility before the
effective date of this Act is not entitled to bring a civil action
under Section 54.011(f), Family Code, as added by this Act.
SUMMARY OF COMMITTEE CHANGES
Amends H.B. 2319 in SECTION 49 of the bill, in Section 141.042, Human
Resources Code, by striking Subsection (h) (house engrossment page 56,
line 22, through page 57, line 9) and substituting with the following:
(h) A juvenile board that does not accept state aid funding from the
commission under Section 141.081 shall report to the commission each month
on a form provided by the commission the same data as that required of
counties accepting state aid funding regarding juvenile justice activities
under the jurisdiction of the board. If the commission makes available
free software to the board for the automation and tracking of juveniles
under the jurisdiction of the board, the commission may require the
monthly report to be provided in an electronic format adopted by rule the
commission.
Amends H.B. 2319 on page 53, line 20, through page 54, line 2, by striking
SECTION 45 and substituting a new SECTION 45 to read as follows:
SECTION 45. Section 552.028(c), Government Code, is amended to read as
follows:
(c) In this section "correctional facility" means:
(1) a secure correctional facility, as defined by Section 1.07, Penal
Code;
(2) a secure correctional facility and a secure detention facility as
defined by Section 51.02, Family Code; and
(3) a place designated by the law of this state, another state, or the
federal government for the confinement of a person arrested for, charge
with, or convicted of a criminal offense.