80R12603 SLO-D

By: Farias H.B. No. 2291

Substitute the following for H.B. No. 2291:

By: Eiland C.S.H.B. No. 2291

A BILL TO BE ENTITLED

AN ACT

relating to a victim-offender mediation program administered by certain juvenile boards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.0175 to read as follows:

Art. 102.0175. COURT COSTS; JUVENILE VICTIM-OFFENDER MEDIATION FUND. (a) This section applies only to a county that has a population of at least 100,000.

(b) The commissioners court of a county to which this section applies by order may create a juvenile board victim-offender mediation fund and may require a defendant convicted of an offense in a county court or a statutory county court to pay a juvenile victim-offender mediation fee not to exceed $5 as a cost of court.

(c) In this article, a person is considered convicted if:

(1) a sentence is imposed on the defendant;

(2) the defendant receives community supervision, including deferred adjudication; or

(3) the court defers final disposition of the person's case.

(d) The clerks of the respective courts shall collect the costs and pay them to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in the juvenile victim-offender mediation fund.

(e) A fund created under this section may be used only to finance a victim-offender mediation program established under Section 53.09, Family Code.

(f) The juvenile victim-offender mediation fund must be administered by or under the direction of the commissioners court of the county.

SECTION 2. Chapter 53, Family Code, is amended by adding Section 53.09 to read as follows:

Sec. 53.09. VICTIM-OFFENDER MEDIATION. (a) This section applies only to:

(1) a juvenile board and juvenile court of a county that has a population of at least 100,000; and

(2) a child who is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision that constitutes a nonviolent property offense as defined by Texas Juvenile Probation Commission rule.

(b) The Texas Juvenile Probation Commission by rule shall establish guidelines for victim-offender mediation programs to be administered by juvenile boards to which this section applies. A juvenile board to which this section applies shall implement and administer a victim-offender mediation program in accordance with the guidelines adopted by the Texas Juvenile Probation Commission. A juvenile court to which this section applies is required to inform a victim of conduct to which this section applies of the victim's right to request victim-offender mediation.

(c) Under a victim-offender mediation program, a victim of conduct to which this section applies may request mediation with the child who is alleged to have engaged in the delinquent conduct or conduct indicating a need for supervision. If the child agrees to participate in the victim-offender mediation and successfully completes the terms of any agreement reached during the mediation, the child is not subject to an adjudication hearing under Section 54.03.

(d) Any agreement reached between the victim and the child during victim-offender mediation is binding and enforceable by the juvenile court. If an agreement is not reached between the victim and the child or if the child does not successfully complete the terms of the agreement, as determined by the juvenile court, the child is subject to an adjudication hearing under Section 54.03.

SECTION 3. Section 57.002(a), Family Code, is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the juvenile justice system:

(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;

(2) the right to have the court or person appointed by the court take the safety of the victim or the victim's family into consideration as an element in determining whether the child should be detained before the child's conduct is adjudicated;

(3) the right, if requested, to be informed of relevant court proceedings, including appellate proceedings, and to be informed in a timely manner if those court proceedings have been canceled or rescheduled;

(4) the right to be informed, when requested, by the court or a person appointed by the court concerning the procedures in the juvenile justice system, including general procedures relating to:

(A) the preliminary investigation and deferred prosecution of a case; and

(B) the appeal of the case;

(5) the right to provide pertinent information to a juvenile court conducting a disposition hearing concerning the impact of the offense on the victim and the victim's family by testimony, written statement, or any other manner before the court renders its disposition;

(6) the right to receive information regarding compensation to victims as provided by Subchapter B, Chapter 56, Code of Criminal Procedure, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment of medical expenses under Section 56.06, Code of Criminal Procedure, for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;

(7) the right to be informed, upon request, of procedures for release under supervision or transfer of the person to the custody of the pardons and paroles division of the Texas Department of Criminal Justice for parole, to participate in the release or transfer for parole process, to be notified, if requested, of the person's release, escape, or transfer for parole proceedings concerning the person, to provide to the Texas Youth Commission for inclusion in the person's file information to be considered by the commission before the release under supervision or transfer for parole of the person, and to be notified, if requested, of the person's release or transfer for parole;

(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the child alleged to have committed the conduct and relatives of the child, before testifying in any proceeding concerning the child, or, if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the child and the child's relatives and witnesses, before and during court proceedings;

(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;

(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;

(11) the right to be present at all public court proceedings related to the conduct of the child as provided by Section 54.08, subject to that section; [and]

(12) to the extent that Section 53.09 is applicable, the right to request victim-offender mediation under that section; and

(13) any other right appropriate to the victim that a victim of criminal conduct has under Article 56.02, Code of Criminal Procedure.

SECTION 4. Section 102.061, Government Code, as amended by Chapters 804 and 949, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:

Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT. The clerk of a statutory county court shall collect fees and costs on conviction of a defendant as follows:

(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20;

(2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40;

(3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure). . . $25;

(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3;

(5) a graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $5; [and]

(6) a court cost on conviction in Comal County (Sec. 152.0522, Human Resources Code) . . . $4;[.]

(7) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . $5; and

(8) in a county that has a population of at least 100,000, a juvenile victim-offender mediation fee (Art. 102.0175, Code of Criminal Procedure) . . . not to exceed $5.

SECTION 5. Section 102.081, Government Code, is amended to read as follows:

Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT. The clerk of a county court shall collect fees and costs on conviction of a defendant as follows:

(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20;

(2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40;

(3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure). . . $25;

(4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure). . . $3;

(5) a graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $5; [and]

(6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . $5; and

(7) in a county that has a population of at least 100,000, a juvenile victim-offender mediation fee (Art. 102.0175, Code of Criminal Procedure) . . . not to exceed $5.

SECTION 6. (a) Not later than December 1, 2007, the Texas Juvenile Probation Commission shall establish guidelines for victim-offender mediation programs as required by Section 53.09, Family Code, as added by this Act.

(b) The change in law made by Section 53.09, Family Code, as added by this Act, applies only to conduct that occurs on or after January 1, 2008. Conduct that occurs before January 1, 2008, is governed by the law in effect when the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, conduct occurs before January 1, 2008, if any element of the violation occurs before that date.

SECTION 7. (a) Article 102.0175, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.

(b) An offense committed before the effective date of this Act is governed by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2007.