By: Dutton, Goodman, Hodge, Pena, et al. H.B. No. 2319
A BILL TO BE ENTITLED
AN ACT
relating to juvenile delinquency; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.02(16), Family Code, is amended to
read as follows:
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for:
(i) conduct constituting an offense under
Section 521.457, Transportation Code;
(ii) conduct constituting an offense under
Section 550.021, Transportation Code;
(iii) [(ii)] conduct constituting an
offense punishable as a Class B misdemeanor under Section 550.022,
Transportation Code; [or]
(iv) [(iii)] conduct constituting an
offense punishable as a Class B misdemeanor under Section 550.024,
Transportation Code; or
(v) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.025,
Transportation Code; or
(B) a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.
SECTION 2. Section 51.041(a), Family Code, is amended to
read as follows:
(a) The court retains jurisdiction over a person, without
regard to the age of the person, for conduct engaged in by the
person before becoming 17 years of age if, as a result of an appeal
by the person or the state under Chapter 56 or by the person under
Article 44.47, Code of Criminal Procedure, of an order of the court,
the order is reversed or modified and the case remanded to the court
by the appellate court.
SECTION 3. Section 51.08(d), Family Code, is amended to
read as follows:
(d) A court that has implemented a juvenile case manager
program under Article 45.056 [45.054], Code of Criminal Procedure,
may, but is not required to, waive its original jurisdiction under
Subsection (b)(1).
SECTION 4. Section 51.10, Family Code, is amended by adding
Subsections (j)-(l) to read as follows:
(j) The juvenile board of a county may make available to the
public the list of attorneys eligible for appointment to represent
children in proceedings under this title as provided in the plan
adopted under Section 51.102. The list of attorneys must indicate
the level of case for which each attorney is eligible for
appointment under Section 51.102(b)(2).
(k) Subject to Chapter 61, the juvenile court may order the
parent or other person responsible for support of the child to
reimburse the county for payments the county made to counsel
appointed to represent the child under Subsection (f) or (g). The
court may:
(1) order payment for each attorney who has
represented the child at any hearing, including a detention
hearing, discretionary transfer hearing, adjudication hearing,
disposition hearing, or modification of disposition hearing;
(2) include amounts paid to or on behalf of the
attorney by the county for preparation time and investigative and
expert witness costs; and
(3) require full or partial reimbursement to the
county.
(l) The court may not order payments under Subsection (k)
that exceed the financial ability of the parent or other person
responsible for support of the child to meet the payment schedule
ordered by the court.
SECTION 5. Section 51.101, Family Code, as added by Chapter
906, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 51.102 and amended to read as follows:
Sec. 51.102 [51.101]. APPOINTMENT OF COUNSEL PLAN. (a)
The juvenile board in each county shall adopt a plan that:
(1) specifies the qualifications necessary for an
attorney to be included on an appointment list from which attorneys
are appointed to represent children in proceedings under this
title; and
(2) establishes the procedures for:
(A) including attorneys on the appointment list
and removing attorneys from the list; and
(B) appointing attorneys from the appointment
list to individual cases.
(b) A plan adopted under Subsection (a) must:
(1) to the extent practicable, comply with the
requirements of Article 26.04, Code of Criminal Procedure, except
that:
(A) the income and assets of the child's parent
or other person responsible for the child's support must be used in
determining whether the child is indigent; and
(B) any alternative plan for appointing counsel
is established by the juvenile board in the county; and
(2) recognize the differences in qualifications and
experience necessary for appointments to cases in which:
(A) the allegation is:
(i) conduct indicating a need for
supervision or [;
[(ii)] delinquent conduct, and commitment
to the Texas Youth Commission is not an authorized disposition; or
(ii) [(iii)] delinquent conduct, and
commitment to the Texas Youth Commission without a determinate
sentence is an authorized disposition; or
(B) determinate sentence proceedings have been
initiated[;] or
[(C)] proceedings for discretionary transfer to
criminal court have been initiated.
SECTION 6. Section 51.13(d), Family Code, is amended to
read as follows:
(d) An adjudication under Section 54.03 that a child engaged
in conduct that occurred on or after January 1, 1996, and that
constitutes a felony offense resulting in commitment to the Texas
Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or
54.05(f) is a final felony conviction only for the purposes of
Sections 12.42(a), (b), (c)(1), [12.42(a)-(c)] and (e), Penal Code.
SECTION 7. Section 51.17, Family Code, is amended by adding
Subsections (d), (e), and (f) to read as follows:
(d) When on the motion for appointment of an interpreter by
a party or on the motion of the juvenile court, in any proceeding
under this title, the court determines that the child, the child's
parent or guardian, or a witness does not understand and speak
English, an interpreter must be sworn to interpret for the person as
provided by Article 38.30, Code of Criminal Procedure.
(e) In any proceeding under this title, if a party notifies
the court that the child, the child's parent or guardian, or a
witness is deaf, the court shall appoint a qualified interpreter to
interpret the proceedings in any language, including sign language,
that the deaf person can understand, as provided by Article 38.31,
Code of Criminal Procedure.
(f) Any 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.
SECTION 8. Sections 52.01(a) and (c), Family Code, are
amended to read as follows:
(a) A child may be taken into custody:
(1) pursuant to an order of the juvenile court under
the provisions of this subtitle;
(2) pursuant to the laws of arrest;
(3) by a law-enforcement officer, including a school
district peace officer commissioned under Section 37.081,
Education Code, if there is probable cause to believe that the child
has engaged in:
(A) conduct that violates a penal law of this
state or a penal ordinance of any political subdivision of this
state; [or]
(B) delinquent conduct or conduct indicating a
need for supervision; or
(C) conduct that violates a condition of
probation imposed by the juvenile court;
(4) by a probation officer if there is probable cause
to believe that the child has violated a condition of probation
imposed by the juvenile court; or
(5) pursuant to a directive to apprehend issued as
provided by Section 52.015.
(c) A law-enforcement officer authorized to take a child
into custody under Subdivisions (2) and (3) of Subsection (a) of
this section may issue a warning notice to the child in lieu of
taking the child into custody if:
(1) guidelines for warning disposition have been
issued by the law-enforcement agency in which the officer works;
(2) the guidelines have been approved by the juvenile
board [court] of the county in which the disposition is made;
(3) the disposition is authorized by the guidelines;
(4) the warning notice identifies the child and
describes the child's alleged conduct;
(5) a copy of the warning notice is sent to the child's
parent, guardian, or custodian as soon as practicable after
disposition; and
(6) a copy of the warning notice is filed with the
law-enforcement agency and the office or official designated by the
juvenile board.
SECTION 9. Section 52.02(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), a person taking a
child into custody, without unnecessary delay and without first
taking the child to any place other than a juvenile processing
office designated under Section 52.025, shall do one of the
following:
(1) release the child to a parent, guardian, custodian
of the child, or other responsible adult upon that person's promise
to bring the child before the juvenile court as requested by the
court;
(2) bring the child before the office or official
designated by the juvenile board if there is probable cause to
believe that the child engaged in delinquent conduct, [or] conduct
indicating a need for supervision, or conduct that violates a
condition of probation imposed by the juvenile court;
(3) bring the child to a detention facility designated
by the juvenile board;
(4) bring the child to a secure detention facility as
provided by Section 51.12(j);
(5) bring the child to a medical facility if the child
is believed to suffer from a serious physical condition or illness
that requires prompt treatment; or
(6) dispose of the case under Section 52.03.
SECTION 10. Section 52.03(d), Family Code, is amended to
read as follows:
(d) Statistics indicating the number and kind of
dispositions made by a law-enforcement agency under the authority
of this section shall be reported at least annually to the office or
official designated by the juvenile board, as ordered by the board
[court].
SECTION 11. Section 52.04(d), Family Code, is amended to
read as follows:
(d) On referral of the case of a child who has not been taken
into custody to the office or official designated by the juvenile
board [court], the office or official designated by the juvenile
board [court] shall promptly give notice of the referral and a
statement of the reason for the referral to the child's parent,
guardian, or custodian.
SECTION 12. Sections 53.01(a) and (c), Family Code, are
amended to read as follows:
(a) On referral of a person believed to be a child or on
referral of the person's case to the office or official designated
by the juvenile board, the intake officer, probation officer, or
other person authorized by the board [court] shall conduct a
preliminary investigation to determine whether:
(1) the person referred to juvenile court is a child
within the meaning of this title; and
(2) there is probable cause to believe the person:
(A) engaged in delinquent conduct or conduct
indicating a need for supervision; or
(B) is a nonoffender who has been taken into
custody and is being held solely for deportation out of the United
States.
(c) When custody of a child is given to the office or
official designated by the juvenile board, the intake officer,
probation officer, or other person authorized by the board [court]
shall promptly give notice of the whereabouts of the child and a
statement of the reason the child was taken into custody to the
child's parent, guardian, or custodian unless the notice given
under Section 52.02(b) provided fair notice of the child's present
whereabouts.
SECTION 13. Section 53.03, Family Code, is amended by
amending Subsection (d) and adding Subsections (i) and (j) to read
as follows:
(d) The juvenile board [court] may adopt a fee schedule for
deferred prosecution services and rules for the waiver of a fee for
financial hardship in accordance with guidelines that the Texas
Juvenile Probation Commission shall provide. The maximum fee is
$15 a month. If the board [court] adopts a schedule and rules for
waiver, the probation officer or other designated officer of the
court shall collect the fee authorized by the schedule from the
parent, guardian, or custodian of a child for whom a deferred
prosecution is authorized under this section or waive the fee in
accordance with the rules adopted by the board [court]. The officer
shall deposit the fees received under this section in the county
treasury to the credit of a special fund that may be used only for
juvenile probation or community-based juvenile corrections
services or facilities in which a juvenile may be required to live
while under court supervision. If the board [court] does not adopt
a schedule and rules for waiver, a fee for deferred prosecution
services may not be imposed.
(i) The court may defer prosecution for a child at any time:
(1) for an adjudication that is to be decided by a jury
trial, before the jury is sworn;
(2) for an adjudication before the court, before the
first witness is sworn; or
(3) for an uncontested adjudication, before the child
pleads to the petition or agrees to a stipulation of evidence.
(j) The court may add the period of deferred prosecution
under Subsection (i) to a previous order of deferred prosecution,
except that the court may not place the child on deferred
prosecution for a combined period longer than one year.
SECTION 14. Section 54.01, Family Code, is amended by
amending Subsections (b), (m), (o), and (q) and adding Subsection
(r) to read as follows:
(b) Reasonable notice of the detention hearing, either oral
or written, shall be given, stating the time, place, and purpose of
the hearing. Notice shall be given to the child and, if they can be
found, to his parents, guardian, or custodian. Prior to the
commencement of the hearing, the court shall inform the parties of
the child's right to counsel and to appointed counsel if they are
indigent and of the child's right to remain silent with respect to
any allegations of delinquent conduct, [or] conduct indicating a
need for supervision, or conduct that violates an order of
probation imposed by a juvenile court.
(m) The detention hearing required in this section may be
held in the county of the designated place of detention where the
child is being held even though the designated place of detention is
outside the county of residence of the child or the county in which
the alleged delinquent conduct, [or] conduct indicating a need for
supervision, or probation violation occurred.
(o) The court or referee shall find whether there is
probable cause to believe that a child taken into custody without an
arrest warrant or a directive to apprehend has engaged in
delinquent conduct, [or] conduct indicating a need for supervision,
or conduct that violates an order of probation imposed by a juvenile
court. The court or referee must make the finding within 48 hours,
including weekends and holidays, of the time the child was taken
into custody. The court or referee may make the finding on any
reasonably reliable information without regard to admissibility of
that information under the Texas Rules of [Criminal] Evidence. A
finding of probable cause is required to detain a child after the
48th hour after the time the child was taken into custody. If a
court or referee finds probable cause, additional findings of
probable cause are not required in the same cause to authorize
further detention.
(q) If a child has not been released under Section 53.02 or
this section and a petition has not been filed under Section 53.04
or 54.05 concerning the child, the court shall order the child
released from detention not later than:
(1) the 30th working day after the date the initial
detention hearing is held, if the child is alleged to have engaged
in conduct constituting a capital felony, an aggravated controlled
substance felony, or a felony of the first degree; or
(2) the 15th working day after the date the initial
detention hearing is held, if the child is alleged to have engaged
in conduct constituting an offense other than an offense listed in
Subdivision (1) or conduct that violates an order of probation
imposed by a juvenile court.
(r) On the conditional release of a child from detention by
judicial order under Subsection (f), the court, referee, or
detention magistrate may order that the child's parent, guardian,
or custodian present in court at the detention hearing engage in
acts or omissions specified by the court, referee, or detention
magistrate that will assist the child in complying with the
conditions of release. The order must be in writing and a copy
furnished to the parent, guardian, or custodian. An order entered
under this subsection may be enforced as provided by Chapter 61.
SECTION 15. The heading to Section 54.011, Family Code, is
amended to read as follows:
Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND
NONOFFENDERS; PENALTY.
SECTION 16. Section 54.011, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) Except 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.
SECTION 17. Section 54.03(i), Family Code, is amended to
read as follows:
(i) In order to preserve for appellate or collateral review
the failure of the court to provide the child the explanation
required by Subsection (b), the attorney for the child must comply
with Rule 33.1 [52(a)], Texas Rules of Appellate Procedure, before
testimony begins or, if the adjudication is uncontested, before the
child pleads to the petition or agrees to a stipulation of evidence.
SECTION 18. Sections 54.032(a) and (f), Family Code, are
amended to read as follows:
(a) A juvenile court may defer adjudication proceedings
under Section 54.03 for not more than 180 days if the child:
(1) is alleged to have engaged in conduct indicating a
need for supervision that violated a penal law of this state of the
grade of misdemeanor that is punishable by fine only or a penal
ordinance of a political subdivision of this state;
(2) waives, under Section 51.09, the privilege against
self-incrimination and testifies under oath that the allegations
are true;
(3) presents to the court an oral or written request to
attend a teen court program; and
(4) has not successfully completed a teen court
program [for the violation of the same penal law or ordinance] in
the two years preceding the date that the alleged conduct occurred.
(f) A court may transfer a case in which proceedings have
been deferred as provided by this section to a court in another [a
contiguous] county if the court to which the case is transferred
consents. A case may not be transferred unless it is within the
jurisdiction of the court to which it is transferred.
SECTION 19. Section 54.041(a), Family Code, is amended to
read as follows:
(a) When a child has been found to have engaged in
delinquent conduct or conduct indicating a need for supervision and
the juvenile court has made a finding that the child is in need of
rehabilitation or that the protection of the public or the child
requires that disposition be made, the juvenile court, on notice by
any reasonable method to all persons affected, may:
(1) order any person found by the juvenile court to
have, by a wilful act or omission, contributed to, caused, or
encouraged the child's delinquent conduct or conduct indicating a
need for supervision to do any act that the juvenile court
determines to be reasonable and necessary for the welfare of the
child or to refrain from doing any act that the juvenile court
determines to be injurious to the welfare of the child;
(2) enjoin all contact between the child and a person
who is found to be a contributing cause of the child's delinquent
conduct or conduct indicating a need for supervision; [or]
(3) after notice and a hearing of all persons affected
order any person living in the same household with the child to
participate in social or psychological counseling to assist in the
rehabilitation of the child and to strengthen the child's family
environment; or
(4) after notice and a hearing of all persons affected
order the child's parent or other person responsible for the child's
support to pay all or part of the reasonable costs of treatment
programs in which the child is required to participate during the
period of probation if the court finds the child's parent or person
responsible for the child's support is able to pay the costs.
SECTION 20. Sections 54.042(c) and (d), Family Code, are
amended to read as follows:
(c) The order under Subsection (a)(1) shall specify a period
of suspension or denial [that is until the child reaches the age of
19 or for a period] of 365 days[, whichever is longer].
(d) The order under Subsection (b) shall specify a period of
suspension or denial [that is]:
(1) [for a period] not to exceed 365 days; or
(2) of 365 days if the court finds the child has been
previously adjudicated as having engaged in conduct violating
Section 28.08, Penal Code[, until the child reaches the age of 19 or
for a period not to exceed 365 days, whichever is longer].
SECTION 21. Section 54.05, Family Code, is amended by
amending Subsection (k) and adding Subsection (l) to read as
follows:
(k) The court may modify a disposition under Subsection (f)
that is based on an adjudication [a finding] that the child engaged
in delinquent conduct that violates a penal law of the grade of
misdemeanor if:
(1) the child has been adjudicated as having engaged
in delinquent conduct violating a penal law of the grade of felony
or misdemeanor on at least one [two] previous occasion before the
adjudication that prompted the disposition that is being modified
[occasions]; and
(2) [of the previous adjudications,] the conduct that
was the basis [for one] of the adjudication that prompted the
disposition that is being modified [adjudications] occurred after
the date of the [another] previous adjudication.
(l) The court may extend a period of probation under this
section at any time during the period of probation or, if a motion
for revocation or modification of probation is filed before the
period of supervision ends, before the first anniversary of the
date on which the period of probation expires.
SECTION 22. Section 54.051, Family Code, is amended by
amending Subsection (e) and adding Subsections (e-1), (e-2), (e-3),
(g), (h), and (i) to read as follows:
(e) A district court that exercises jurisdiction over a
child transferred under Subsection (d) shall place the child on
community supervision under Article 42.12, Code of Criminal
Procedure, for the remainder of the child's probationary period and
under conditions consistent with those ordered by the juvenile
court.
(e-1) The restrictions on a judge placing a defendant on
community supervision imposed by Section 3g, Article 42.12, Code of
Criminal Procedure, do not apply to a case transferred from the
juvenile court. The minimum period of community supervision
imposed by Section 3(b), Article 42.12, Code of Criminal Procedure,
does not apply to a case transferred from the juvenile court.
(e-2) If a child who is placed on community supervision
under this section [subsection] violates a condition of that
supervision or if the child violated a condition of probation
ordered under Section 54.04(q) and that probation violation was not
discovered by the state before the child's 18th birthday, the
district court shall dispose of the violation of community
supervision or probation, as appropriate, in the same manner as if
the court had originally exercised jurisdiction over the case. If
the judge revokes community supervision, the judge may reduce the
prison sentence to any length without regard to the minimum term
imposed by Section 23(a), Article 42.12, Code of Criminal
Procedure.
(e-3) The time that a child serves on probation ordered
under Section 54.04(q) is the same as time served on community
supervision ordered under this section [subsection] for purposes of
determining the child's eligibility for early discharge from
community supervision under Section 20, Article 42.12, Code of
Criminal Procedure.
(g) If the juvenile court places the child on probation for
an offense for which registration as a sex offender is required by
Chapter 62, Code of Criminal Procedure, and defers the registration
requirement until completion of treatment for the sex offense under
Article 62.13, Code of Criminal Procedure, the authority under that
article to reexamine the need for registration on completion of
treatment is transferred to the court to which probation is
transferred.
(h) If the juvenile court places the child on probation for
an offense for which registration as a sex offender is required by
Chapter 62, Code of Criminal Procedure, and the child registers,
the authority of the court to excuse further compliance with the
registration requirement under Articles 62.13(l)-(r), Code of
Criminal Procedure, is transferred to the court to which probation
is transferred.
(i) If the juvenile court exercises jurisdiction over a
person who is 18 years of age or older under Section 51.041 or
51.0412, the court or jury may, if the person is otherwise eligible,
place the person on probation under Section 54.04(q). The juvenile
court shall set the conditions of probation and immediately
transfer supervision of the person to the appropriate court
exercising criminal jurisdiction under Subsection (e).
SECTION 23. Section 54.07, Family Code, is amended to read
as follows:
Sec. 54.07. ENFORCEMENT OF ORDER. (a) Except as provided
by Subsection (b) or a juvenile court child support order, any [Any]
order of the juvenile court may be enforced as provided by Chapter
61 [by contempt].
(b) A violation of any of the following orders of the [The]
juvenile court may not be enforced by contempt of court proceedings
against the child:
(1) an order setting conditions of probation;
(2) an order setting conditions of deferred
prosecution; and
(3) an order setting conditions of release from
detention [enforce its order for support or for the payment of
restitution or probation fees by civil contempt proceedings after
10 days' notice to the defaulting person of his failure or refusal
to carry out the terms of the order].
(c) This section and Chapter 61 do not preclude a [On the
motion of the] juvenile court from summarily finding [or any person
or agency entitled to receive restitution or probation payments or
payments for the benefit of] a child or other [, the juvenile court
may render judgment against a defaulting] person in direct contempt
of the juvenile court for conduct occurring in the presence of the
judge of the court. Direct contempt of the juvenile court by a
child is punishable by a maximum of [for any amount unpaid and owing
after] 10 days' confinement in a secure juvenile detention facility
or by a maximum of 40 hours of community service, or both. The
juvenile court may not impose a fine on a child for direct contempt
[notice to the defaulting person of his failure or refusal to carry
out the terms of the order. The judgment may be enforced by any
means available for the enforcement of judgments for other debts].
(d) This section and Chapter 61 do not preclude a juvenile
court in an appropriate case from using a civil or coercive contempt
proceeding to enforce an order.
SECTION 24. Section 54.11, Family Code, is amended by
adding Subsections (l)-(n) to read as follows:
(l) Pending the conclusion of a transfer hearing, the
juvenile court shall order that the person who is referred for
transfer be detained in a certified juvenile detention facility as
provided by Subsection (m). If the person is at least 17 years of
age, the juvenile court may order that the person be detained
without bond in an appropriate county facility for the detention of
adults accused of criminal offenses.
(m) The detention of a person in a certified juvenile
detention facility must comply with the detention requirements
under this title, except that, to the extent practicable, the
person must be kept separate from children detained in the same
facility.
(n) If the juvenile court orders that a person who is
referred for transfer be detained in a county facility under
Subsection (l), the county sheriff shall take custody of the person
under the juvenile court's order.
SECTION 25. Chapter 56, Family Code, is amended by adding
Section 56.03 to read as follows:
Sec. 56.03. APPEAL BY STATE IN CASES OF VIOLENT OR HABITUAL
OFFENDER. (a) In this section, "prosecuting attorney" means the
county attorney, district attorney, or criminal district attorney
who has the primary responsibility of presenting cases in the
juvenile court. The term does not include an assistant prosecuting
attorney.
(b) The state is entitled to appeal an order of a court in a
juvenile case in which the grand jury has approved of the petition
under Section 53.045 if the order:
(1) dismisses a petition or any portion of a petition;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy; or
(5) grants a motion to suppress evidence, a
confession, or an admission and if:
(A) jeopardy has not attached in the case;
(B) the prosecuting attorney certifies to the
trial court that the appeal is not taken for the purpose of delay;
and
(C) the evidence, confession, or admission is of
substantial importance in the case.
(c) The prosecuting attorney may not bring an appeal under
Subsection (b) later than the 15th day after the date on which the
order or ruling to be appealed is entered by the court.
(d) The state is entitled to a stay in the proceedings
pending the disposition of an appeal under Subsection (b).
(e) The court of appeals shall give preference in its docket
to an appeal filed under Subsection (b).
(f) The state shall pay all costs of appeal under Subsection
(b), other than the cost of attorney's fees for the respondent.
(g) If the respondent is represented by appointed counsel,
the counsel shall continue to represent the respondent as appointed
counsel on the appeal. If the respondent is not represented by
appointed counsel, the respondent may seek the appointment of
counsel to represent the respondent on appeal. The juvenile court
shall determine whether the parent or other person responsible for
support of the child is financially able to obtain an attorney to
represent the respondent on appeal. If the court determines that
the parent or other person is financially unable to obtain counsel
for the appeal, the court shall appoint counsel to represent the
respondent on appeal.
(h) If the state appeals under this section and the
respondent is not detained, the court shall permit the respondent
to remain at large subject only to the condition that the respondent
appear in court for further proceedings when required by the court.
If the respondent is detained, on the state's filing of notice of
appeal under this section, the respondent is entitled to immediate
release from detention on the allegation that is the subject of the
appeal. The court shall permit the respondent to remain at large
regarding that allegation subject only to the condition that the
respondent appear in court for further proceedings when required by
the court.
(i) The Texas Rules of Appellate Procedure apply to a
petition by the state to the supreme court for review of a decision
of a court of appeals in a juvenile case.
SECTION 26. Section 58.003(n), Family Code, is amended to
read as follows:
(n) A record created or maintained under Chapter 62, Code of
Criminal Procedure [Article 6252-13c.1, Revised Statutes], may not
be sealed under this section if the person who is the subject of the
record has a continuing obligation to register under that chapter
[article].
SECTION 27. Section 58.005(a), Family Code, is amended to
read as follows:
(a) Records and files concerning a child, including
personally identifiable information, and information [Information]
obtained for the purpose of diagnosis, examination, evaluation, or
treatment or for making a referral for treatment of a child by a
public or private agency or institution providing supervision of a
child by arrangement of the juvenile court or having custody of the
child under order of the juvenile court may be disclosed only to:
(1) the professional staff or consultants of the
agency or institution;
(2) the judge, probation officers, and professional
staff or consultants of the juvenile court;
(3) an attorney for the child;
(4) a governmental agency if the disclosure is
required or authorized by law;
(5) a person or entity to whom the child is referred
for treatment or services if the agency or institution disclosing
the information has entered into a written confidentiality
agreement with the person or entity regarding the protection of the
disclosed information;
(6) the Texas Department of Criminal Justice and the
Texas Juvenile Probation Commission for the purpose of maintaining
statistical records of recidivism and for diagnosis and
classification; or
(7) with leave of the juvenile court, any other
person, agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
SECTION 28. Title 3, Family Code, is amended by adding
Chapter 61 to read as follows:
CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER
ELIGIBLE PERSONS
SUBCHAPTER A. ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE
PERSONS
Sec. 61.001. DEFINITIONS. In this chapter:
(1) "Juvenile court order" means an order by a
juvenile court in a proceeding to which this chapter applies
requiring a parent or other eligible person to act or refrain from
acting.
(2) "Other eligible person" means the respondent's
guardian, the respondent's custodian, or any other person described
in a provision under this title authorizing the court order.
Sec. 61.002. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter applies to a proceeding to enter a
juvenile court order:
(1) for payment of probation fees under Section
54.061;
(2) for restitution under Sections 54.041(b) and
54.048;
(3) for payment of graffiti eradication fees under
Section 54.0461;
(4) for community service under Section 54.044(b);
(5) for payment of costs of court under Section
54.0411 or other provisions of law;
(6) requiring the person to refrain from doing any act
injurious to the welfare of the child under Section 54.041(a)(1);
(7) enjoining contact between the person and the child
who is the subject of a proceeding under Section 54.041(a)(2);
(8) ordering a person living in the same household
with the child to participate in counseling under Section
54.041(a)(3);
(9) requiring a parent or guardian of a child found to
be truant to participate in an available program addressing truancy
under Section 54.041(g);
(10) requiring a parent or other eligible person to
pay reasonable attorney's fees for representing the child under
Section 51.10(e);
(11) requiring the parent or other eligible person to
reimburse the county for payments the county has made to an attorney
appointed to represent the child under Section 51.10(j);
(12) requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
(13) requiring a parent or other eligible person to
attend a court hearing under Section 51.115;
(14) requiring a parent or other eligible person to
act or refrain from acting to aid the child in complying with
conditions of release from detention under Section 54.01(r); or
(15) requiring a parent or other eligible person to
act or refrain from acting under any law imposing an obligation of
action or omission on a parent or other eligible person because of
the parent's or person's relation to the child who is the subject of
a proceeding under this title.
(b) This subchapter does not apply to the entry and
enforcement of a child support order under Section 54.06.
Sec. 61.003. ENTRY OF JUVENILE COURT ORDER AGAINST PARENT
OR OTHER ELIGIBLE PERSON. (a) To comply with the requirements of
due process of law, the juvenile court shall:
(1) provide sufficient notice in writing or orally in
a recorded court hearing of a proposed juvenile court order; and
(2) provide a sufficient opportunity for the parent or
other eligible person to be heard regarding the proposed order.
(b) A juvenile court order must be in writing and a copy
promptly furnished to the parent or other eligible person.
(c) The juvenile court may require the parent or other
eligible person to provide suitable identification to be included
in the court's file. Suitable identification includes
fingerprints, a driver's license number, a social security number,
or similar indicia of identity.
Sec. 61.004. APPEAL. (a) The parent or other eligible
person against whom a final juvenile court order has been entered
may appeal as provided by law from judgments entered in civil cases.
(b) The movant may appeal from a judgment denying requested
relief regarding a juvenile court order as provided by law from
judgments entered in civil cases.
(c) The pendency of an appeal initiated under this section
does not abate or otherwise affect the proceedings in juvenile
court involving the child.
[Sections 61.005-61.050 reserved for expansion]
SUBCHAPTER B. ENFORCEMENT OF ORDER AGAINST PARENT
OR OTHER ELIGIBLE PERSON
Sec. 61.051. MOTION FOR ENFORCEMENT. (a) A party initiates
enforcement of a juvenile court order by filing a written motion.
In ordinary and concise language, the motion must:
(1) identify the provision of the order allegedly
violated and sought to be enforced;
(2) state specifically and factually the manner of the
person's alleged noncompliance;
(3) state the relief requested; and
(4) contain the signature of the party filing the
motion.
(b) The movant must allege in the same motion for
enforcement each violation by the person of the juvenile court
orders described by Section 61.002(a) that the movant had a
reasonable basis for believing the person was violating when the
motion was filed.
(c) The juvenile court retains jurisdiction to enter a
contempt order if the motion for enforcement is filed not later than
six months after the child's 18th birthday.
Sec. 61.052. NOTICE AND APPEARANCE. (a) On the filing of a
motion for enforcement, the court shall by written notice set the
date, time, and place of the hearing and order the person against
whom enforcement is sought to appear and respond to the motion.
(b) The notice must be given by personal service or by
certified mail, return receipt requested, on or before the 10th day
before the date of the hearing on the motion. The notice must
include a copy of the motion for enforcement. Personal service must
comply with the Code of Criminal Procedure.
(c) If a person moves to strike or specially excepts to the
motion for enforcement, the court shall rule on the exception or
motion to strike before the court hears evidence on the motion for
enforcement. If an exception is sustained, the court shall give the
movant an opportunity to replead and continue the hearing to a
designated date and time without the requirement of additional
service.
(d) If a person who has been personally served with notice
to appear at the hearing does not appear, the juvenile court may not
hold the person in contempt, but may issue a capias for the arrest
of the person. The court shall set and enforce bond as provided by
Subchapter C, Chapter 157. If a person served by certified mail,
return receipt requested, with notice to appear at the hearing does
not appear, the juvenile court may require immediate personal
service of notice.
Sec. 61.053. ATTORNEY FOR THE PERSON. (a) In a proceeding
on a motion for enforcement against a person who is not represented
by an attorney, the court shall inform the person of the right to be
represented by an attorney and, if the person is indigent, of the
right to the appointment of an attorney.
(b) If the person claims indigency and requests the
appointment of an attorney, the juvenile court may require the
person to file an affidavit of indigency. The court may hear
evidence to determine the issue of indigency.
(c) The court shall appoint an attorney to represent the
person if the court determines that the person is indigent.
(d) The court shall allow an appointed or retained attorney
at least 10 days after the date of the attorney's appointment or
retention to respond to the movant's pleadings and to prepare for
the hearing. The attorney may waive the preparation time or agree
to a shorter period for preparation.
Sec. 61.054. COMPENSATION OF APPOINTED ATTORNEY. (a) An
attorney appointed to represent an indigent person is entitled to a
reasonable fee for services to be paid from the general fund of the
county according to the schedule for compensation adopted by the
county juvenile board. The attorney must meet the qualifications
required of attorneys for appointment to Class B misdemeanor cases
in juvenile court.
(b) For purposes of compensation, a proceeding in the
supreme court is the equivalent of a proceeding in the court of
criminal appeals.
(c) The juvenile court may order the parent or other
eligible person for whom it has appointed counsel to reimburse the
county for the fees the county pays to appointed counsel.
Sec. 61.055. CONDUCT OF ENFORCEMENT HEARING. (a) The
juvenile court shall require that the enforcement hearing be
recorded as provided by Section 54.09.
(b) The movant must prove beyond a reasonable doubt that the
person against whom enforcement is sought engaged in conduct
constituting contempt of a reasonable and lawful court order as
alleged in the motion for enforcement.
(c) The person against whom enforcement is sought has a
privilege not to be called as a witness or otherwise to incriminate
himself or herself.
(d) The juvenile court shall conduct the enforcement
hearing without a jury.
(e) The juvenile court shall include in its judgment
findings as to each violation alleged in the motion for enforcement
and the punishment, if any, to be imposed.
(f) If the person against whom enforcement is sought was not
represented by counsel during any previous court proceeding
involving a motion for enforcement, the person may through counsel
raise any defense or affirmative defense to the proceeding that
could have been lodged in the previous court proceeding but was not
because the person was not represented by counsel.
(g) It is an affirmative defense to enforcement of a
juvenile court order that the juvenile court did not provide the
parent or other eligible person with due process of law in the
proceeding in which the court entered the order.
Sec. 61.056. AFFIRMATIVE DEFENSE OF INABILITY TO PAY. (a)
In an enforcement hearing in which the motion for enforcement
alleges that the person against whom enforcement is sought failed
to pay restitution, court costs, supervision fees, or any other
payment ordered by the court, it is an affirmative defense that the
person was financially unable to pay.
(b) The burden of proof to establish the affirmative defense
of inability to pay is on the person asserting it.
(c) In order to prevail on the affirmative defense of
inability to pay, the person asserting it must show that the person
could not have reasonably paid the court-ordered obligation after
the person discharged the person's other important financial
obligations, including payments for housing, food, utilities,
necessary clothing, education, and preexisting debts.
Sec. 61.057. PUNISHMENT FOR CONTEMPT. (a) On a finding of
contempt, the juvenile court may commit the person to the county
jail for a term not to exceed six months or may impose a fine in an
amount not to exceed $500, or both.
(b) The court may impose only a single jail sentence not to
exceed six months or a single fine not to exceed $500, or both,
during an enforcement proceeding, without regard to whether the
court has entered multiple findings of contempt.
(c) On a finding of contempt in an enforcement proceeding,
the juvenile court may, instead of issuing a commitment to jail,
enter an order requiring the person's future conduct to comply with
the court's previous orders.
(d) Violation of an order entered under Subsection (c) may
be the basis of a new enforcement proceeding.
(e) The juvenile court may assign a juvenile probation
officer to assist a person in complying with a court order issued
under Subsection (c).
(f) A juvenile court may reduce a term of incarceration or
reduce payment of all or part of a fine at any time before the
sentence is fully served or the fine fully paid.
(g) A juvenile court may reduce the burden of complying with
a court order issued under Subsection (c) at any time before the
order is fully satisfied, but may not increase the burden except
following a new finding of contempt in a new enforcement
proceeding.
[Sections 61.058-61.100 reserved for expansion]
SUBCHAPTER C. RIGHTS OF PARENTS
Sec. 61.101. DEFINITION. In this subchapter, "parent"
includes the guardian or custodian of a child.
Sec. 61.102. RIGHT TO BE INFORMED OF PROCEEDING. (a) The
parent of a child referred to a juvenile court is entitled as soon
as practicable after the referral to be informed by staff
designated by the juvenile board, based on the information
accompanying the referral to the juvenile court, of:
(1) the date and time of the offense;
(2) the date and time the child was taken into custody;
(3) the name of the offense and its penal category;
(4) the type of weapon, if any, that was used;
(5) the type of property taken or damaged and the
extent of damage, if any;
(6) the physical injuries, if any, to the victim of the
offense;
(7) whether there is reason to believe that the
offense was gang-related;
(8) whether there is reason to believe that the
offense was related to consumption of alcohol or use of an illegal
controlled substance;
(9) if the child was taken into custody with adults or
other juveniles, the names of those persons;
(10) the aspects of the juvenile court process that
apply to the child;
(11) if the child is in detention, the visitation
policy of the detention facility that applies to the child;
(12) the child's right to be represented by an attorney
and the local standards and procedures for determining whether the
parent qualifies for appointment of counsel to represent the child;
and
(13) the methods by which the parent can assist the
child with the legal process.
(b) If the child was released on field release citation, or
from the law enforcement station by the police, by intake, or by the
judge or associate judge at the initial detention hearing, the
information required by Subsection (a) may be communicated to the
parent in person, by telephone, or in writing.
(c) If the child is not released before or at the initial
detention hearing, the information required by Subsection (a) shall
be communicated in person to the parent unless that is not feasible,
in which event it may be communicated by telephone or in writing.
(d) Information disclosed to a parent under Subsection (a)
is not admissible in a judicial proceeding under this title as
substantive evidence or as evidence to impeach the testimony of a
witness for the state.
Sec. 61.103. RIGHT OF ACCESS TO CHILD. (a) The parent of a
child taken into custody for delinquent conduct, conduct indicating
a need for supervision, or conduct that violates a condition of
probation imposed by the juvenile court has the right to
communicate in person privately with the child for reasonable
periods of time while the child is in:
(1) a juvenile processing office;
(2) a secure detention facility;
(3) a secure correctional facility;
(4) a court-ordered placement facility; or
(5) the custody of the Texas Youth Commission.
(b) The time, place, and conditions of the private,
in-person communication may be regulated to prevent disruption of
scheduled activities and to maintain the safety and security of the
facility.
Sec. 61.104. PARENTAL WRITTEN STATEMENT. (a) When a
petition for adjudication, a motion or petition to modify
disposition, or a motion or petition for discretionary transfer to
criminal court is served on a parent of the child, the parent must
be provided with a form prescribed by the Texas Juvenile Probation
Commission on which the parent can make a written statement about
the needs of the child or family or any other matter relevant to
disposition of the case.
(b) The parent shall return the statement to the juvenile
probation department, which shall transmit the statement to the
court along with the discretionary transfer report authorized by
Section 54.02(e), the disposition report authorized by Section
54.04(b), or the modification of disposition report authorized by
Section 54.05(e), as applicable. The statement shall be disclosed
to the parties as appropriate and may be considered by the court at
the disposition, modification, or discretionary transfer hearing.
Sec. 61.105. PARENTAL ORAL STATEMENT. (a) After all the
evidence has been received but before the arguments of counsel at a
hearing for discretionary transfer to criminal court, a disposition
hearing without a jury, or a modification of disposition hearing,
the court shall give a parent who is present in court a reasonable
opportunity to address the court about the needs or strengths of the
child or family or any other matter relevant to disposition of the
case.
(b) The parent may not be required to make the statement
under oath and may not be subject to cross-examination, but the
court may seek clarification or expansion of the statement from the
person giving the statement.
(c) The court may consider and act on the statement as the
court considers appropriate.
Sec. 61.106. APPEAL OR COLLATERAL CHALLENGE. The failure
or inability of a person to perform an act or to provide a right or
service listed under this subchapter may not be used by the child or
any party as a ground for:
(1) appeal;
(2) an application for a post-adjudication writ of
habeas corpus; or
(3) exclusion of evidence against the child in any
proceeding or forum.
Sec. 61.107. LIABILITY. The Texas Youth Commission, a
juvenile board, a court, a person appointed by the court, an
employee of a juvenile probation department, an attorney for the
state, a peace officer, or a law enforcement agency is not liable
for a failure or inability to provide a right listed in this
chapter.
SECTION 29. Sections 261.405(b) and (c), Family Code, are
amended to read as follows:
(b) A report of alleged abuse, [or] neglect, or exploitation
in any juvenile justice program or facility shall be made to the
Texas Juvenile Probation Commission and a local law enforcement
agency for investigation.
(c) The Texas Juvenile Probation Commission shall conduct
an investigation as provided by this chapter if the commission
receives a report of alleged abuse, [or] neglect, or exploitation
in any juvenile justice program or facility.
SECTION 30. Article 44.47(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A defendant may appeal a transfer under Subsection (a)
only in conjunction with the appeal of a conviction of or an order
of deferred adjudication for the offense for which the defendant
was transferred to criminal court.
SECTION 31. Article 45.045, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.045. CAPIAS PRO FINE. (a) If the defendant is not
in custody when the judgment is rendered or if the defendant fails
to satisfy the judgment according to its terms, the court may order
a capias pro fine issued for the defendant's arrest. The capias pro
fine shall state the amount of the judgment and sentence, and
command the appropriate peace officer to bring the defendant before
the court or place the defendant in jail until the defendant can be
brought before the court.
(b) A capias pro fine may not be issued for an individual
convicted for an offense committed before the individual's 17th
birthday unless:
(1) the individual is 17 years of age or older;
(2) the court finds that the issuance of the capias pro
fine is justified after considering:
(A) the sophistication and maturity of the
individual;
(B) the criminal record and history of the
individual; and
(C) the reasonable likelihood of bringing about
the discharge of the judgment through the use of procedures and
services currently available to the court; and
(3) the court has proceeded under Article 45.050 to
compel the individual to discharge the judgment.
(c) This article does not limit the authority of a court to
order a child taken into custody under Article 45.058 or 45.059.
SECTION 32. Article 45.050, Code of Criminal Procedure, as
amended by Chapters 1297 and 1514, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
In this article, "child" has the meaning assigned by Article
45.058(h).
(b) A justice or municipal court may not order the
confinement of a child for:
(1) the failure to pay all or any part of a fine or
costs imposed for the conviction of an offense punishable by fine
only; or
(2) contempt of another order of a justice or
municipal court.
(c) If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1) [has jurisdiction to] refer the child to the
appropriate juvenile court for delinquent conduct for contempt of
the justice or municipal court order; or
(2) [may] retain jurisdiction of the case, hold the
child in contempt of the justice or municipal court, and order
either or both of the following [and]:
(A) that the contemnor pay [hold the child in
contempt of the justice or municipal court order and impose] a fine
not to exceed $500; or
(B) that [order] the Department of Public Safety
[to] suspend the contemnor's [child's] driver's license or permit
or, if the contemnor [child] does not have a license or permit, to
deny the issuance of a license or permit to the contemnor [child]
until the contemnor [child] fully complies with the orders of the
court.
(d) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if:
(1) the person was convicted for an offense committed
before the person's 17th birthday;
(2) the person failed to obey the order while the
person was 17 years of age or older; and
(3) the failure to obey occurred under circumstances
that constitute contempt of court.
(e) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if the
person, while younger than 17 years of age, engaged in conduct in
contempt of an order issued by the justice or municipal court, but
contempt proceedings could not be held before the person's 17th
birthday.
(f) A court that orders suspension or denial of a driver's
license or permit under Subsection (c)(2)(B) shall notify the
Department of Public Safety on receiving proof of compliance [that
the child has fully complied] with the orders of the court.
(g) A justice or municipal court may not refer a child who
violates a court order while 17 years of age or older to a juvenile
court for delinquency proceedings for contempt of court.
SECTION 33. Article 45.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.056. AUTHORITY TO EMPLOY JUVENILE [TRUANCY] CASE
MANAGERS; REIMBURSEMENT. (a) On approval of the commissioners
court, city council, school district board of trustees, juvenile
board, or other appropriate authority, a justice court, municipal
court, school district, juvenile probation department, or other
appropriate governmental entity may:
(1) employ a case manager to provide services in
[truancy] cases involving juvenile offenders before a court
consistent with the court's statutory powers; or
(2) agree in accordance with Chapter 791, Government
Code, to jointly employ a case manager [to provide services in
truancy cases].
(b) A local entity may apply or more than one local entity
may jointly apply to the criminal justice division of the
governor's office for reimbursement of all or part of the costs of
employing one or more juvenile [truancy] case managers from funds
appropriated to the governor's office or otherwise available for
that purpose. To be eligible for reimbursement, the entity
applying must present to the governor's office a comprehensive plan
to reduce juvenile crimes [truancy] in the entity's jurisdiction
that addresses the role of the case manager in that effort.
SECTION 34. Article 45.057, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (e), and (h) and adding
Subsections (i)-(l) to read as follows:
(a) In this article:
(1) "Child" [, "child"] has the meaning assigned by
Article 45.058(h).
(2) "Residence" means any place where the child lives
or resides for a period of at least 30 days.
(3) "Parent" includes a person standing in parental
relation, a managing conservator, or a custodian.
(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.
(e) A justice or municipal court shall endorse on the
summons issued to a parent[, managing conservator, or guardian] an
order to appear personally at the hearing with the child. The
summons must include a warning that the failure of the parent[,
managing conservator, or guardian] to appear may result in arrest
and is [be punishable as] a Class C misdemeanor.
(h) A child and parent required to appear before the court
have an obligation to provide the court in writing with the current
address and residence of the child. The obligation does not end
when the child reaches age 17. On or before the seventh day after
the date the child or parent changes residence, the child or parent
shall notify the court of the current address in the manner directed
by the court. A violation of this subsection may result in arrest
and is a Class C misdemeanor. The obligation to provide notice
terminates on discharge and satisfaction of the judgment or final
disposition not requiring a finding of guilt.
(i) If an appellate court accepts an appeal for a trial de
novo, the child and parent shall provide the notice under
Subsection (h) to the appellate court.
(j) The child and parent are entitled to written notice of
their obligation under Subsections (h) and (i), which may be
satisfied by being given a copy of those subsections by:
(1) the court during their initial appearance before
the court;
(2) a peace officer arresting and releasing a child
under Article 45.058(a) on release; and
(3) a peace officer that issues a citation under
Section 543.003, Transportation Code, or Article 14.06(b) of this
code.
(k) It is an affirmative defense to prosecution under
Subsection (h) that the child and parent were not informed of their
obligation under this article.
(l) Any [other] order under this article is enforceable by
the justice or municipal court by contempt.
SECTION 35. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.060 to read as follows:
Art. 45.060. UNADJUDICATED CHILDREN, NOW ADULTS; NOTICE ON
REACHING AGE OF MAJORITY; OFFENSE. (a) Except as provided by
Articles 45.058 and 45.059, an individual may not be taken into
secured custody for offenses alleged to have occurred before the
individual's 17th birthday.
(b) On or after an individual's 17th birthday, if the court
has used all available procedures under this chapter to secure the
individual's appearance to answer allegations made before the
individual's 17th birthday, the court may issue a notice of
continuing obligation to appear by personal service or by mail to
the last known address and residence of the individual. The notice
must order the individual to appear at a designated time, place, and
date to answer the allegations detailed in the notice.
(c) Failure to appear as ordered by the notice under
Subsection (b) is a Class C misdemeanor independent of Section
38.10, Penal Code, and Section 543.003, Transportation Code.
(d) It is an affirmative defense to prosecution under
Subsection (c) that the individual was not informed of the
individual's obligation under Articles 45.057(h) and (i) or did not
receive notice as required by Subsection (b).
(e) A notice of continuing obligation to appear issued under
this article must contain the following statement provided in
boldfaced type or capital letters:
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 17TH
BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND
HAVE FAILED TO MAKE AN APPEARANCE OR ENTER A PLEA IN
THIS MATTER. AS AN ADULT, YOU ARE NOTIFIED THAT YOU
HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS CASE.
FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT
BEING ISSUED FOR YOUR ARREST."
SECTION 36. Article 62.13, Code of Criminal Procedure, is
amended by amending Subsections (b), (j), (n), and (q) and adding
Subsection (s) to read as follows:
(b) During or after [After] disposition of a case under
Section 54.04, Family Code, for adjudication of an offense for
which registration is required under this chapter, the juvenile
court on motion of the respondent shall conduct a hearing to
determine whether the interests of the public require registration
under this chapter. The motion may be filed and the hearing held
regardless of whether the respondent is under 18 years of age.
(j) After a hearing under Subsection (b) or under a plea
agreement under Subsection (f), the juvenile court may enter an
order deferring decision on requiring registration until the
respondent has completed [a sex offender] treatment for the
respondent's sexual offense [program] as a condition of probation
or while committed to the Texas Youth Commission. The court retains
discretion to require or to excuse registration at any time during
the treatment [program] or on its successful or unsuccessful
completion. During the period of deferral, registration may not be
required. Following successful completion of treatment,
registration is excused unless a hearing under this article is held
on motion of the state and the court determines the interests of the
public require registration. Not later than the 10th day after the
date of the respondent's successful completion of treatment, the
treatment provider shall notify the juvenile court and prosecuting
attorney of the completion.
(n) Only one [A] motion may be filed under Subsection (l)
[only] if a previous motion under this article has [not] been filed
concerning that case.
(q) If the court grants the motion, [a copy of] the clerk of
the court [court's order] shall by certified mail, return receipt
requested, send a copy of the order to the department, to each local
law enforcement authority that the person has proved to the
juvenile court has registration information about the person, and
[be sent] to each public or [and] private agency or organization
that the person has proved to the juvenile court has information
about the person that is currently available to the public with or
without payment of a fee. The clerk of the court shall by certified
mail, return receipt requested, send a copy of the order to any
other agency or organization designated by the person. The person
shall identify the agency or organization and its address and pay a
fee of $20 to the court for each agency or organization the person
designates [determines may be in possession of sex offender
registration information. The order shall require the recipient to
conform its records to the court's orders either by deleting the
information or changing its status to nonpublic, as the order
requires].
(s) A person required to register as a sex offender in this
state because of an out-of-state adjudication of delinquent conduct
may file in the juvenile court of the person's county of residence a
petition under Subsection (a) for an order to excuse compliance
with this chapter. If the person is already registered as a sex
offender in this state because of an out-of-state adjudication of
delinquent conduct, the person may file in the juvenile court of the
person's county of residence a petition under Subsection (l) for an
order removing the person from sex offender registries in this
state. On receipt of a petition to excuse compliance or for
removal, the juvenile court shall conduct a hearing and make
rulings as in other cases under this article. An order entered
under this subsection requiring removal of registration
information applies only to registration information derived from
registration in this state.
SECTION 37. Chapter 62, Code of Criminal Procedure, is
amended by adding Article 62.14 to read as follows:
Art. 62.14. REMOVING JUVENILE REGISTRATION INFORMATION
WHEN DUTY TO REGISTER EXPIRES. (a) When a person is no longer
required to register as a sex offender for an adjudication of
delinquent conduct, the department shall remove all information
about the person from the sex offender registry.
(b) The duty to remove information under Subsection (a)
arises if:
(1) the department has received notice from a local
law enforcement authority under Subsection (c) or (d) that the
person is no longer required to register or will no longer be
required to renew registration and the department verifies the
correctness of that information;
(2) the juvenile court that adjudicated the case for
which registration is required requests removal and the department
determines that the duty to register has expired; or
(3) the person or the person's representative requests
removal and the department determines that the duty to register has
expired.
(c) When a person required to register for an adjudication
of delinquent conduct appears before a local law enforcement
authority to renew or modify registration information, the
authority shall determine whether the duty to register has expired.
If the authority determines that the duty to register has expired,
the authority shall remove all information about the person from
the sex offender registry and notify the department that the
person's duty to register has expired.
(d) When a person required to register for an adjudication
of delinquent conduct appears before a local law enforcement
authority to renew registration information, the authority shall
determine whether the renewal is the final annual renewal of
registration required by law. If the authority determines that the
person's duty to register will expire before the next annual
renewal is scheduled, the authority shall automatically remove all
information about the person from the sex offender registry on
expiration of the duty to register and notify the department that
the information about the person has been removed from the
registry.
(e) When the department has removed information under
Subsection (a), the department shall notify all local law
enforcement authorities that have provided registration
information to the department about the person of the removal. A
local law enforcement authority that receives notice from the
department under this subsection shall remove all registration
information about the person from its registry.
(f) When the department has removed information under
Subsection (a), the department shall notify all public and private
agencies or organizations to which it has provided registration
information about the person of the removal. On receiving notice,
the public or private agency or organization shall remove all
registration information about the person from any registry the
agency or organization maintains that is accessible to the public
with or without charge.
SECTION 38. The heading to Section 25.093, Education Code,
is amended to read as follows:
Sec. 25.093. PARENT CONTRIBUTING TO NONATTENDANCE
[TRUANCY].
SECTION 39. Section 25.094(d), Education Code, as amended
by Chapters 1297 and 1514, Acts of the 77th Legislature, Regular
Session, 2001, is reenacted and amended to read as follows:
(d) If the justice or municipal court believes that a child
has violated an order issued under Subsection (c), the court may
proceed as authorized by Article 45.050, Code of Criminal Procedure
[Section 54.023, Family Code, by holding the child in contempt and
imposing a fine not to exceed $500 or by referring the child to
juvenile court for delinquent conduct].
(d-1) Pursuant to an order of the justice or municipal court
based on an affidavit showing probable cause to believe that an
individual has committed an offense under this section, a peace
officer may take the individual into custody. A peace officer
taking an individual into custody under this subsection shall:
(1) promptly notify the individual's parent, guardian,
or custodian of the officer's action and the reason for that action;
and
(2) without unnecessary delay:
(A) release the individual to the individual's
parent, guardian, or custodian or to another responsible adult, if
the person promises to bring the individual to the justice or
municipal court as requested by the court; or
(B) bring the individual to a justice or
municipal court with venue over the offense.
SECTION 40. The heading to Section 25.0952, Education Code,
is amended to read as follows:
Sec. 25.0952. PROCEDURES APPLICABLE TO SCHOOL
ATTENDANCE-RELATED [TRUANCY-RELATED] OFFENSES.
SECTION 41. Sections 29.087(d) and (f), Education Code, as
added by Chapter 1514, Acts of the 77th Legislature, Regular
Session, 2001, are amended to read as follows:
(d) A student is eligible to participate in a program
authorized by this section if:
(1) the student has been ordered by a court under
Article 45.054, Code of Criminal Procedure, or by the Texas Youth
Commission to:
(A) participate in a preparatory class for the
high school equivalency examination; or
(B) take the high school equivalency examination
administered under Section 7.111; or
(2) the following conditions are satisfied:
(A) the student is at least 16 years of age at the
beginning of the school year or semester;
(B) the student is a student at risk of dropping
out of school, as defined by Section 29.081;
(C) the student and the student's parent or
guardian agree in writing to the student's participation;
(D) at least two school years have elapsed since
the student first enrolled in ninth grade and the student has
accumulated less than one quarter of the credits required to
graduate under the minimum graduation requirements of the district
or school; and
(E) any other conditions specified by the
commissioner.
(f) Except as otherwise provided by this subsection, a
student participating in a program authorized by this section,
other than a student ordered to participate under Subsection
(d)(1), must have taken the exit-level assessment instruments
specified by Section 39.025(a) before entering the program or must
take those assessment instruments during the first year in which
the student is enrolled in the program. The commissioner may
authorize a student to take the assessment instruments required by
Section 39.023(a) to be administered to students in grade 10
instead of the exit-level assessment instruments. Except for a
student ordered to participate under Subsection (d)(1), a [A]
student participating in the program may not take the high school
equivalency examination unless the student has taken the assessment
instruments required by this subsection.
SECTION 42. Subchapter E, Chapter 30, Education Code, is
amended by adding Section 30.104 to read as follows:
Sec. 30.104. CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS;
HIGH SCHOOL DIPLOMA AND CERTIFICATE. (a) A school district shall
grant to a student credit toward the academic course requirements
for high school graduation for courses the student successfully
completes in Texas Youth Commission educational programs.
(b) A student may graduate and receive a diploma from a
Texas Youth Commission educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) and complies with Section 39.025(a); or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
(c) A Texas Youth Commission educational program may issue a
certificate of course-work completion to a student who successfully
completes the curriculum requirements identified by the State Board
of Education under Section 28.025(a) but who fails to comply with
Section 39.025(a).
SECTION 43. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.0352 to read as follows:
Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
JUVENILE COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice and municipal courts shall report the
number of cases filed for the following offenses:
(A) failure to attend school under Section
25.094, Education Code;
(B) parent contributing to nonattendance under
Section 25.093, Education Code; and
(C) violation of a local daytime curfew ordinance
adopted under Section 341.905 or 351.903, Local Government Code;
and
(2) in cases in which a child fails to obey an order of
a justice or municipal court under circumstances that would
constitute contempt of court, the justice or municipal court shall
report the number of incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45.050(c)(1), Code of
Criminal Procedure, and Section 51.03(a)(2), Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure.
SECTION 44. Section 411.151(a), Government Code, is amended
to read as follows:
(a) The director shall expunge a DNA record of a person from
the DNA database if the person:
(1) notifies the director in writing that the DNA
record has been ordered to be expunged under this section or Chapter
55, Code of Criminal Procedure, [;] and
[(2)] provides the director with a certified copy of
the court order that expunges the DNA record; or
(2) provides the director with a certified copy of a
court order issued under Section 58.003, Family Code, that seals
the juvenile record of the adjudication that resulted in the DNA
record.
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; and
(2) a secure correctional facility and a secure
detention facility, as defined by Section 51.02, Family Code [place
designated by the law of this state, another state, or the federal
government for the confinement of a person arrested for, charged
with, or convicted of a criminal offense].
SECTION 46. Section 61.073, Human Resources Code, is
amended to read as follows:
Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
commission shall keep written records of all examinations and
conclusions based on them and of all orders concerning the
disposition or treatment of each child subject to its control.
Except as provided by Section 61.093(c), these records and all
other information concerning a child, including personally
identifiable information, are not public and are available only
according to the provisions of Section 58.005, Family Code, Section
61.0731, Human Resources Code, and Chapter 61, Code of Criminal
Procedure.
SECTION 47. Subchapter E, Chapter 61, Human Resources Code,
is amended by adding Section 61.0731 to read as follows:
Sec. 61.0731. INFORMATION AVAILABLE TO CHILDREN, PARENTS,
AND OTHERS. (a) In the interest of achieving the purpose of the
commission and protecting the public, the commission may disclose
records and other information concerning a child to the child and
the child's parent or guardian only if disclosure would not
materially harm the treatment and rehabilitation of the child and
would not substantially decrease the likelihood of the commission
receiving information from the same or similar sources in the
future. Information concerning a child who is age 18 or older may
not be disclosed to the child's parent or guardian without the
child's consent.
(b) The commission may disclose information regarding a
child's location and committing court to a person having a
legitimate need for the information.
SECTION 48. Section 61.084(e), Human Resources Code, is
amended to read as follows:
(e) Except as provided by Subsection [(d),] (f)[,] or (g),
the commission shall discharge from its custody a person not
already discharged on the person's 21st birthday.
SECTION 49. Section 141.042, Human Resources Code, is
amended by amending Subsections (a) and (d) and adding Subsection
(h) to read as follows:
(a) The commission shall adopt reasonable rules that
provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation, detention, and
corrections officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation,
detention, and corrections officers or court-supervised
community-based program personnel;
(4) minimum standards for public and private juvenile
pre-adjudication secure detention facilities, public juvenile
post-adjudication secure correctional facilities that are operated
under the authority of a juvenile board, and private juvenile
post-adjudication secure correctional facilities, except those
facilities exempt from certification by Section 42.052(g)
[42.052(e)]; and
(5) [procedures for the implementation of a
progressive sanctions program under Chapter 59, Family Code.
[(5) procedures for implementation of the progressive
sanctions guidelines in Chapter 59, Family Code; and
[(6)] minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(d) The commission shall biennially [annually] inspect all
public and private juvenile pre-adjudication secure detention
facilities and all public and private juvenile post-adjudication
secure correctional facilities except a facility operated or
certified by the Texas Youth Commission and shall biennially
[annually] monitor compliance with the standards established under
Subsection (a)(4) if the juvenile board has elected to comply with
those standards or shall biennially [annually] ensure that the
facility is certified by the American Correctional Association if
the juvenile board has elected to comply with those standards.
(h) A juvenile board may elect not to accept state aid
funding from the commission under Section 141.081, but the board
shall comply with all minimum standards adopted by the commission
that are applicable to juvenile facilities and also with all
juvenile justice data reporting requirements issued by the
commission. If a juvenile board elects not to accept state aid
funding and operates or contracts for the operation of a public or
private juvenile pre-adjudication secure detention facility or a
public or private juvenile post-adjudication secure correctional
facility that is formally accredited by the American Correctional
Association, the juvenile board may elect to comply with American
Correctional Association standards and to be exempt from complying
with the commission's rules governing juvenile facilities to the
extent the commission's rules conflict with American Correctional
Association standards.
SECTION 50. Section 141.049(a), Human Resources Code, is
amended to read as follows:
(a) The commission shall keep an information file about each
complaint filed with the commission relating to a juvenile board
funded by the commission. The commission shall investigate the
allegations in the complaint and make a determination of whether
there has been a violation of the commission's rules relating to
juvenile probation programs, services, or facilities.
SECTION 51. Section 141.061(a), Human Resources Code, is
amended to read as follows:
(a) To be eligible for appointment as a probation officer, a
person who was [has] not [been] employed as a probation officer
before [since] September 1, 1981, must:
(1) be of good moral character;
(2) have acquired a bachelor's degree conferred by a
college or university accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board;
(3) have either:
(A) one year of graduate study in criminology,
corrections, counseling, law, social work, psychology, sociology,
or other field of instruction approved by the commission; or
(B) one year of experience in full-time case
work, counseling, or community or group work:
(i) in a social service, community,
corrections, or juvenile agency that deals with offenders or
disadvantaged persons; and
(ii) that the commission determines
provides the kind of experience necessary to meet this requirement;
(4) have satisfactorily completed the course of
preservice training or instruction required by the commission;
(5) have passed the tests or examinations required by
the commission; and
(6) possess the level of certification required by the
commission.
SECTION 52. Section 8.07(a), Penal Code, is amended to read
as follows:
(a) A person may not be prosecuted for or convicted of any
offense that the person committed when younger than 15 years of age
except:
(1) perjury and aggravated perjury when it appears by
proof that the person had sufficient discretion to understand the
nature and obligation of an oath;
(2) a violation of a penal statute cognizable under
Chapter 729, Transportation Code, except for:
(A) an offense under Section 521.457,
Transportation Code;
(B) an offense under Section 550.021,
Transportation Code;
(C) [(B)] an offense punishable as a Class B
misdemeanor under Section 550.022, Transportation Code; [or]
(D) [(C)] an offense punishable as a Class B
misdemeanor under Section 550.024, Transportation Code; or
(E) an offense punishable as a Class B
misdemeanor under Section 550.025, Transportation Code;
(3) a violation of a motor vehicle traffic ordinance
of an incorporated city or town in this state;
(4) a misdemeanor punishable by fine only other than
public intoxication;
(5) a violation of a penal ordinance of a political
subdivision;
(6) a violation of a penal statute that is, or is a
lesser included offense of, a capital felony, an aggravated
controlled substance felony, or a felony of the first degree for
which the person is transferred to the court under Section 54.02,
Family Code, for prosecution if the person committed the offense
when 14 years of age or older; or
(7) a capital felony or an offense under Section 19.02
for which the person is transferred to the court under Section
54.02(j)(2)(A), Family Code.
SECTION 53. Section 12.42(f), Penal Code, is amended to
read as follows:
(f) For the purposes of Subsections (a), (b), (c)(1),
[(a)-(c)] and (e), an adjudication by a juvenile court under
Section 54.03, Family Code, that a child engaged in delinquent
conduct on or after January 1, 1996, constituting a felony offense
for which the child is committed to the Texas Youth Commission under
Section 54.04(d)(2), (d)(3), or (m), Family Code, or Section
54.05(f), Family Code, is a final felony conviction.
SECTION 54. Section 521.201, Transportation Code, is
amended to read as follows:
Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
department may not issue any license to a person who:
(1) is under 15 years of age;
(2) is under 18 years of age unless the person complies
with the requirements imposed by Section 521.204;
(3) is shown to be addicted to the use of alcohol, a
controlled substance, or another drug that renders a person
incapable of driving;
(4) holds a driver's license issued by this state or
another state or country that is revoked, canceled, or under
suspension;
(5) has been determined by a judgment of a court to be
totally incapacitated or incapacitated to act as the operator of a
motor vehicle unless the person has, by the date of the license
application, been:
(A) restored to capacity by judicial decree; or
(B) released from a hospital for the mentally
incapacitated on a certificate by the superintendent or
administrator of the hospital that the person has regained
capacity;
(6) the department determines to be afflicted with a
mental or physical disability or disease that prevents the person
from exercising reasonable and ordinary control over a motor
vehicle while operating the vehicle on a highway, except that a
person may not be refused a license because of a physical defect if
common experience shows that the defect does not incapacitate a
person from safely operating a motor vehicle;
(7) has been reported by a court under Section 729.003
for failure to appear [or for default in payment of a fine] unless
the court has filed an additional report on final disposition of the
case; or
(8) has been reported by a court for failure to appear
or default in payment of a fine for a misdemeanor that is not
covered under Subdivision (7) and that is punishable by a fine only,
including a misdemeanor under a municipal ordinance, committed by a
person who was under 17 years of age at the time of the alleged
offense, unless the court has filed an additional report on final
disposition of the case.
SECTION 55. Section 521.294, Transportation Code, is
amended to read as follows:
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
REVOCATION. The department shall revoke the person's license if
the department determines that the person:
(1) is incapable of safely operating a motor vehicle;
(2) has not complied with the terms of a citation
issued by a jurisdiction that is a party to the Nonresident Violator
Compact of 1977 for a traffic violation to which that compact
applies;
(3) has failed to provide medical records or has
failed to undergo medical or other examinations as required by a
panel of the medical advisory board;
(4) has failed to pass an examination required by the
director under this chapter;
(5) has been reported by a court under Section 729.003
for failure to appear [or for default in payment of a fine] unless
the court files an additional report on final disposition of the
case;
(6) has been reported within the preceding two years
by a justice or municipal court for failure to appear or for a
default in payment of a fine for a misdemeanor punishable only by
fine, other than a failure [or default] reported under Section
729.003, committed by a person who is at least 14 years of age but
younger than 17 years of age when the offense was committed, unless
the court files an additional report on final disposition of the
case; or
(7) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for revocation.
SECTION 56. Subchapter O, Chapter 521, Transportation Code,
is amended by adding Section 521.3451 to read as follows:
Sec. 521.3451. SUSPENSION OR DENIAL ON ORDER OF JUSTICE OR
MUNICIPAL COURT FOR CONTEMPT OF COURT; REINSTATEMENT. (a) The
department shall suspend or deny the issuance of a license or
instruction permit on receipt of an order to suspend or deny the
issuance of the license or permit from a justice or municipal court
under Article 45.050, Code of Criminal Procedure.
(b) The department shall reinstate a license or permit
suspended or reconsider a license or permit denied under Subsection
(a) on receiving notice from the justice or municipal court that
ordered the suspension or denial that the contemnor has fully
complied with the court's order.
SECTION 57. Section 543.117, Transportation Code, is
amended to read as follows:
Sec. 543.117. OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK
ZONE. A charge may not be dismissed under this subchapter for an
offense to which Section 542.404 [or 729.004] applies except upon
motion of the attorney representing the state.
SECTION 58. Section 729.001(a), Transportation Code, is
amended to read as follows:
(a) A person who is younger than 17 years of age commits an
offense if the person operates a motor vehicle on a public road or
highway, a street or alley in a municipality, or a public beach in
violation of any traffic law of this state, including:
(1) Chapter 502, other than Section 502.282 or
502.412;
(2) Chapter 521, other than an offense under Section
521.457;
(3) Subtitle C, other than an offense punishable by
imprisonment or by confinement in jail under Section 550.021,
550.022, [or] 550.024, or 550.025;
(4) Chapter 601;
(5) Chapter 621;
(6) Chapter 661; and
(7) Chapter 681.
SECTION 59. The heading to Section 729.003, Transportation
Code, is amended to read as follows:
Sec. 729.003. PROCEDURE [AND JURISDICTION] IN CASES
INVOLVING MINORS.
SECTION 60. Section 729.003(d), Transportation Code, is
amended to read as follows:
[(d)] A court shall report to the Department of Public
Safety a person charged with a traffic offense under this chapter
who does not appear before the court as required by law. In
addition to any other action or remedy provided by law, the
department may deny renewal of the person's driver's license under
Section 521.310 or Chapter 706. The court also shall report to the
department on final disposition of the case.
SECTION 61. The following laws are repealed:
(1) Sections 52.027, 54.023, and 54.06(d), Family
Code;
(2) Sections 729.003(a), (b), (c), (e), (f), and (g)
and 729.004, Transportation Code;
(3) Sections 61.084(d) and 141.042(f), Human
Resources Code; and
(4) Section 45.054, Code of Criminal Procedure, as
added by Chapter 1297, Acts of the 77th Legislature, Regular
Session, 2001.
SECTION 62. (a) This Act takes effect September 1, 2003.
(b) Except as provided by Subsections (d), (e), and (g) of
this section, this Act applies only to conduct that occurs on or
after the effective date of this Act. Conduct violating the penal
law of this state occurs on or after the effective date of this Act
if any element of the violation 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.
(d) This Act applies only to an appeal by the state under
Section 56.01, Family Code, of an order by a juvenile court rendered
on or after the effective date of this Act. An appeal of an order
rendered before the effective date of this Act is governed by the
law in effect at the time the order was rendered, and that law is
continued in effect for that purpose.
(e) Section 54.051, Family Code, Article 62.13, Code of
Criminal Procedure, and Section 12.42, Penal Code, as amended by
this Act apply to all cases without regard to whether the conduct or
proceedings occur before, on, or after the effective date of this
Act.
(f) The section of this Act amending Section 29.087,
Education Code, as added by Chapter 1514, Acts of the 77th
Legislature, Regular Session, 2001, takes effect only if that
section of the Education Code does not expire September 1, 2003.
(g) Section 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.