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78R6758 SLO-D

By:  Pena                                                         H.B. No. 2023



A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of a municipal or justice court in 
certain proceedings involving juveniles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 4.14, Code of Criminal Procedure, is 
amended by adding Subsection (f) to read as follows:
	(f)  Notwithstanding any other provision of law, in a 
proceeding involving a child in which a municipal court has 
jurisdiction, the court may enter an order confining the child to a 
facility that meets the requirements of Section 51.12, Family Code, 
for not more than 30 days if:
		(1)  the court finds that the child has committed an 
offense that constitutes a misdemeanor; and
		(2)  the child has previously been convicted of two or 
more misdemeanors.
	SECTION 2.  Article 45.057, Code of Criminal Procedure, is 
amended by amending Subsection (b) and adding Subsection (i) to 
read as follows:
	(b)  On a finding by a justice or municipal court that a child 
committed an offense that the court has jurisdiction of under 
Article 4.11 or 4.14, other than a traffic offense, the court has 
jurisdiction to enter an order:
		(1)  referring the child or the child's parent, 
managing conservator, or guardian for services under Section 
264.302, Family Code;
		(2)  requiring that the child attend a special program 
that the court determines to be in the best interest of the child 
and, if the program involves the expenditure of county funds, that 
is approved by the county commissioners court, including a 
rehabilitation, counseling, self-esteem and leadership, work and 
job skills training, job interviewing and work preparation, 
self-improvement, parenting, manners, violence avoidance, 
tutoring, sensitivity training, parental responsibility, community 
service, restitution, advocacy, or mentoring program;  or
		(3)  if the court finds the parent, managing 
conservator, or guardian, by act or omission, contributed to, 
caused, or encouraged the child's conduct, requiring that the 
child's parent, managing conservator, or guardian do any act or 
refrain from doing any act that the court determines will increase 
the likelihood that the child will comply with the orders of the 
court and that is reasonable and necessary for the welfare of the 
child, including:
			(A)  attend a parenting class or parental 
responsibility program;  [and]
			(B)  attend the child's school classes or 
functions; and            
			(C)  attend a family counseling session.                              
	(i)  Notwithstanding any other provision of law, and in 
addition to the jurisdiction authorized by Subsection (b), in a 
proceeding in which a municipal court has jurisdiction under 
Article 4.14, the court may enter an order confining a child to a 
facility that meets the requirements of Section 51.12, Family Code, 
for not more than 30 days if:
		(1)  the court finds that the child has committed an 
offense that constitutes a misdemeanor; and
		(2)  the child has previously been convicted of two or 
more misdemeanors.
	SECTION 3.  Article 45.058, Code of Criminal Procedure, is 
amended by adding Subsections (i) and (j) to read as follows:
	(i)  Notwithstanding any other provision of law, in a 
proceeding in which a municipal court has jurisdiction under 
Article 4.14, the court may enter an order confining a child to a 
facility that meets the requirements of Section 51.12, Family Code, 
for not more than 30 days if:
		(1)  the court finds that the child has committed an 
offense that constitutes a misdemeanor; and
		(2)  the child has previously been convicted of two or 
more misdemeanors.
	(j)  A municipal judge that enters an order confining a child 
to a facility under Subsection (i) shall review the confinement of 
the child at least once every 10 days.
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  This Act applies only to conduct that occurs on or after 
the effective date of this Act.  Conduct occurs on or after the 
effective date of this Act if any element of the conduct occurs on 
or after that date.
	(c)  Conduct that occurs before the effective date of this 
Act is governed by the law in effect at the time the conduct 
occurred, and that law is continued in effect for that purpose.