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AN ACT
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relating to juvenile delinquency; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers and officers commissioned by the Public |
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Safety Commission and the Director of the Department of Public |
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Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) airport police officers commissioned by a city |
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with a population of more than 1.18 million that operates an airport |
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that serves commercial air carriers; |
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(12) airport security personnel commissioned as peace |
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officers by the governing body of any political subdivision of this |
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state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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(13) municipal park and recreational patrolmen and |
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security officers; |
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(14) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(15) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(16) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(17) investigators commissioned by the Texas Medical |
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[State] Board [of Medical Examiners]; |
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(18) officers commissioned by the board of managers of |
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the Dallas County Hospital District, the Tarrant County Hospital |
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District, or the Bexar County Hospital District under Section |
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281.057, Health and Safety Code; |
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(19) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(20) investigators employed by the Texas Racing |
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Commission; |
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(21) officers commissioned under Chapter 554, |
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Occupations Code; |
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(22) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(23) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(24) security officers and investigators commissioned |
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as peace officers under Chapter 466, Government Code; |
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(25) an officer employed by the [Texas] Department of |
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State Health Services under Section 431.2471, Health and Safety |
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Code; |
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(26) officers appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(27) officers commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(28) an investigator commissioned by the commissioner |
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of insurance under Section 701.104 [Article 1.10D], Insurance Code; |
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(29) apprehension specialists commissioned by the |
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Texas Youth Commission as officers under Section 61.0931, Human |
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Resources Code; |
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(30) officers appointed by the executive director of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(31) investigators commissioned by the Commission on |
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Law Enforcement Officer Standards and Education under Section |
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1701.160, Occupations Code; |
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(32) commission investigators commissioned by the |
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Texas [Commission on] Private Security Board under Section |
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1702.061(f), Occupations Code; |
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(33) the fire marshal and any officers, inspectors, or |
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investigators commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; [and] |
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(34) officers commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section; and |
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(35) investigators commissioned by the Texas Juvenile |
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Probation Commission as officers under Section 141.055, Human |
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Resources Code. |
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SECTION 2. Article 45.054, Code of Criminal Procedure, is |
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amended by adding Subsection (a-2) to read as follows: |
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(a-2) An order under Subsection (a) may not require a |
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student to attend a juvenile justice alternative education program. |
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SECTION 3. Section 51.03(b), Family Code, is amended to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the absence of a child on 10 or more days or parts |
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of days within a six-month period in the same school year or on |
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three or more days or parts of days within a four-week period from |
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school; |
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(3) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(4) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001 [484.002], Health |
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and Safety Code; |
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(5) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; or |
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(6) conduct that violates a reasonable and lawful |
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order of a court entered under Section 264.305. |
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SECTION 4. Section 51.0412, Family Code, is amended to read |
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as follows: |
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Sec. 51.0412. JURISDICTION OVER INCOMPLETE |
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PROCEEDINGS. The court retains jurisdiction over a person, |
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without regard to the age of the person, who is a respondent in an |
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adjudication proceeding, a disposition proceeding, [or] a |
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proceeding to modify disposition, or a motion for transfer of |
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determinate sentence probation to an appropriate district court if: |
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(1) the petition, [or] motion to modify, or motion for |
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transfer was filed while the respondent was younger than 18 years of |
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age; |
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(2) the proceeding is not complete before the |
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respondent becomes 18 years of age; and |
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(3) the court enters a finding in the proceeding that |
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the prosecuting attorney exercised due diligence in an attempt to |
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complete the proceeding before the respondent became 18 years of |
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age. |
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SECTION 5. Section 51.072, Family Code, is amended by |
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amending Subsections (b), (e), (f), (j), (k), (m), and (n) and |
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adding Subsections (f-1) and (m-1) to read as follows: |
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(b) When a child on probation moves or intends to move from |
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one county to another and intends to remain in the receiving county |
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for at least 60 days, the juvenile probation department of the |
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sending county shall request that the juvenile probation department |
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of the receiving county provide interim supervision of the child. |
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If the receiving county and the sending county are member counties |
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within a judicial district served by one juvenile probation |
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department, then a transfer of probation supervision is not |
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required. |
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(e) The juvenile probation department of the sending county |
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shall provide the juvenile probation department of the receiving |
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county with the following information in the request for interim |
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supervision initiated under Subsection (d): |
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(1) the child's name, sex, age, race, and date of |
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birth; |
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(2) the name, address, date of birth, and social |
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security or driver's license number, and telephone number, if |
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available, of the person with whom the child proposes to reside or |
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is residing in the receiving county; |
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(3) the offense for which the child is on probation; |
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(4) the length of the child's probation term; |
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(5) a brief summary of the child's history of |
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referrals; |
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(6) a brief statement of any special needs of the |
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child; [and] |
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(7) the name and telephone number of the child's school |
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in the receiving county, if available; and |
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(8) the reason for the child moving or intending to |
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move to the receiving county. |
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(f) Not later than 10 [five] business days after a receiving |
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county has agreed to provide interim supervision of a child, the |
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juvenile probation department of the sending county shall provide |
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the juvenile probation department of the receiving county with a |
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copy of the following documents: |
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(1) the petition and the adjudication and disposition |
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orders for the child, including the child's thumbprint; |
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(2) the child's conditions of probation; |
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(3) the social history report for the child; |
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(4) any psychological or psychiatric reports |
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concerning the child; |
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(5) the Department of Public Safety CR 43J form or |
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tracking incident number concerning the child; |
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(6) any law enforcement incident reports concerning |
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the offense for which the child is on probation; |
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(7) any sex offender registration information |
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concerning the child; |
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(8) any juvenile probation department progress |
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reports concerning the child and any other pertinent documentation |
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for the child's probation officer; |
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(9) case plans concerning the child; |
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(10) the Texas Juvenile Probation Commission standard |
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assessment tool results for the child; |
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(11) the computerized referral and case history for |
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the child, including case disposition; |
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(12) the child's birth certificate; |
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(13) the child's social security number or social |
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security card, if available; |
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(14) the name, address, and telephone number of the |
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contact person in the sending county's juvenile probation |
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department; |
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(15) Title IV-E eligibility screening information for |
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the child, if available; |
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(16) the address in the sending county for forwarding |
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funds collected to which the sending county is entitled; |
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(17) any of the child's school or immunization records |
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that the juvenile probation department of the sending county |
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possesses; and |
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(18) any victim information concerning the case for |
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which the child is on probation. |
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(f-1) The inter-county transfer officers in the sending and |
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receiving counties shall agree on the official start date for the |
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period of interim supervision, which must begin no later than three |
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business days after the date the documents required under |
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Subsection (f) have been received and accepted by the receiving |
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county. |
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(j) On receiving a directive from the juvenile court of the |
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receiving county under Subsection (i)(2), the juvenile probation |
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department of the sending county shall arrange for the prompt |
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transportation of the child back to the sending county at the |
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expense of the sending county. The juvenile probation department |
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in the receiving county shall provide the sending county with |
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supporting written documentation of the incidents of violation of |
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probation on which the request to resume direct supervision is |
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based. |
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(k) The juvenile probation department of the receiving |
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county is entitled to any probation supervision fees collected from |
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the child or the child's parent while providing interim supervision |
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for the child. During the period of interim supervision, the |
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receiving county shall collect and distribute to the victim |
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monetary restitution payments in the manner specified by the |
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sending county. At the expiration of the period of interim |
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supervision, the receiving county shall collect and distribute |
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directly to the victim any remaining payments. |
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(m) Except as provided by Subsection (n), a period of |
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interim supervision may not exceed 180 days. Permanent supervision |
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automatically transfers to the juvenile probation department of the |
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receiving county after the expiration of the period of interim |
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supervision. The juvenile probation department of the receiving |
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county may request permanent supervision from the juvenile |
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probation department of the sending county at any time before the |
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180-day interim supervision period expires. After signing and |
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entry of an order of transfer of permanent supervision by the |
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sending county juvenile court, the juvenile probation department |
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shall, in accordance with Section 51.073(b), promptly send the |
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permanent supervision order and related documents to the receiving |
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county. |
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(m-1) If a child on interim supervision moves to another |
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county of residence or is otherwise no longer in the receiving |
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county before the expiration of 180 days, the receiving county |
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shall direct the sending county to resume supervision of the child. |
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(n) Notwithstanding Subsection (m), the period of interim |
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supervision of a child who is placed on probation under Section |
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54.04(q) does not expire until the child has satisfactorily |
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completed the greater of either 180 days or one-third of the term of |
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probation, including one-third of the term of any extension of the |
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probation term ordered under Section 54.05. Permanent supervision |
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automatically transfers to the probation department of the |
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receiving county after the expiration of the period of interim |
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supervision under this subsection. If the state elects to initiate |
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transfer proceedings under Section 54.051, the [The] juvenile court |
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of the sending county may order transfer of the permanent |
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supervision before the expiration of the period of interim |
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supervision under this subsection. |
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SECTION 6. Section 51.073, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (d-1) to read as |
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follows: |
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(c) The juvenile court of the receiving county shall require |
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that the child be brought before the court in order to impose new or |
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different conditions of probation than those originally ordered by |
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the sending county or ordered by the receiving county during the |
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period of interim supervision. The child shall be represented by |
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counsel as provided by Section 51.10. |
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(d-1) On the final transfer of a case involving a child who |
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has been adjudicated as having committed an offense for which |
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registration is required under Chapter 62, Code of Criminal |
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Procedure, the receiving county shall have jurisdiction to conduct |
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a hearing under that chapter. This subsection does not prohibit the |
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receiving county juvenile court from considering the written |
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recommendations of the sending county juvenile court. |
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SECTION 7. Section 51.074, Family Code, is amended to read |
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as follows: |
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Sec. 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN |
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COUNTIES: DEFERRED PROSECUTION. (a) A juvenile court may |
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transfer interim supervision, but not permanent supervision, to the |
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county where a child on deferred prosecution resides. |
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(b) On an extension of a previous order of deferred |
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prosecution authorized under Section 53.03(j), the child shall |
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remain on interim supervision for an additional period not to |
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exceed 180 days. |
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(c) On a violation of the conditions of the original |
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deferred prosecution agreement, the receiving county shall forward |
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the case to the sending county for prosecution or other action in |
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the manner provided by Sections 51.072(i) and (j), except that the |
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original conditions of deferred prosecution may not be modified by |
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the receiving county. |
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SECTION 8. Section 51.095(f), Family Code, is amended to |
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read as follows: |
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(f) A magistrate who provides the warnings required by |
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Subsection (a)(5) for a recorded [videotaped] statement may at the |
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time the warnings are provided request by speaking on the [tape] |
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recording that the officer return the child and the recording |
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[videotape] to the magistrate at the conclusion of the process of |
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questioning. The magistrate may then view the recording |
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[videotape] with the child or have the child view the recording |
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[videotape] to enable the magistrate to determine whether the |
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child's statements were given voluntarily. The magistrate's |
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determination of voluntariness shall be reduced to writing and |
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signed and dated by the magistrate. If a magistrate uses the |
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procedure described by this subsection, a child's statement is not |
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admissible unless the magistrate determines that the statement was |
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given voluntarily. |
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SECTION 9. Section 51.17, Family Code, is amended by |
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amending Subsection (c) and adding Subsections (h) and (i) to read |
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as follows: |
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(c) Except as otherwise provided by this title, the Texas |
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Rules of Evidence apply [applicable] to criminal cases and Articles |
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33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in |
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a judicial proceeding under this title. |
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(h) Articles 57.01 and 57.02, Code of Criminal Procedure, |
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relating to the use of a pseudonym by a victim in a criminal case, |
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apply in a proceeding held under this title. |
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(i) Except as provided by Section 56.03(f), the state is not |
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required to pay any cost or fee otherwise imposed for court |
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proceedings in either the trial or appellate courts. |
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SECTION 10. Sections 53.045(a) and (d), Family Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (e), the prosecuting |
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attorney may refer the petition to the grand jury of the county in |
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which the court in which the petition is filed presides if the |
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petition alleges that the child engaged in delinquent conduct that |
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constitutes habitual felony conduct as described by Section 51.031 |
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or that included the violation of any of the following provisions: |
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(1) Section 19.02, Penal Code (murder); |
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(2) Section 19.03, Penal Code (capital murder); |
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(3) Section 19.04, Penal Code (manslaughter); |
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(4) Section 20.04, Penal Code (aggravated |
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kidnapping); |
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(5) Section 22.011, Penal Code (sexual assault) or |
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Section 22.021, Penal Code (aggravated sexual assault); |
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(6) Section 22.02, Penal Code (aggravated assault); |
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(7) Section 29.03, Penal Code (aggravated robbery); |
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(8) Section 22.04, Penal Code (injury to a child, |
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elderly individual, or disabled individual), if the offense is |
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punishable as a felony, other than a state jail felony; |
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(9) Section 22.05(b), Penal Code (felony deadly |
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conduct involving discharging a firearm); |
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(10) Subchapter D, Chapter 481, Health and Safety |
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Code, if the conduct constitutes a felony of the first degree or an |
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aggravated controlled substance felony (certain offenses involving |
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controlled substances); |
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(11) Section 15.03, Penal Code (criminal |
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solicitation); |
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(12) Section 21.11(a)(1), Penal Code (indecency with a |
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child); |
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(13) Section 15.031, Penal Code (criminal |
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solicitation of a minor); |
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(14) Section 15.01, Penal Code (criminal attempt), if |
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the offense attempted was an offense under Section 19.02, Penal |
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Code (murder), or Section 19.03, Penal Code (capital murder), or an |
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offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal |
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Procedure; |
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(15) Section 28.02, Penal Code (arson), if bodily |
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injury or death is suffered by any person by reason of the |
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commission of the conduct; [or] |
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(16) Section 49.08, Penal Code (intoxication |
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manslaughter); or |
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(17) Section 15.02, Penal Code (criminal conspiracy), |
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if the offense made the subject of the criminal conspiracy includes |
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a violation of any of the provisions referenced in Subdivisions (1) |
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through (16). |
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(d) If the grand jury approves of the petition, the fact of |
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approval shall be certified to the juvenile court, and the |
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certification shall be entered in the record of the case. For the |
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purpose of the transfer of a child to the Texas Department of |
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Criminal Justice [Corrections] as provided by Section 61.084(c), |
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Human Resources Code, a juvenile court petition approved by a grand |
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jury under this section is an indictment presented by the grand |
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jury. |
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SECTION 11. Section 54.04, Family Code, is amended by |
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amending Subsections (a), (b), (d), and (j) and adding Subsection |
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(v) to read as follows: |
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(a) The disposition hearing shall be separate, distinct, |
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and subsequent to the adjudication hearing. There is no right to a |
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jury at the disposition hearing unless the child is in jeopardy of a |
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determinate sentence under Subsection (d)(3) or (m), in which case, |
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the child is entitled to a jury of 12 persons to determine the |
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sentence, but only if the child so elects in writing before the |
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commencement of the voir dire examination of the jury panel. If a |
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finding of delinquent conduct is returned, the child may, with the |
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consent of the attorney for the state, change the child's election |
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of one who assesses the disposition. |
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(b) At the disposition hearing, the juvenile court, |
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notwithstanding the Texas Rules of Evidence or Chapter 37, Code of |
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Criminal Procedure, may consider written reports from probation |
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officers, professional court employees, or professional |
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consultants in addition to the testimony of witnesses. Prior to the |
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disposition hearing, the court shall provide the attorney for the |
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child with access to all written matter to be considered in |
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disposition. The court may order counsel not to reveal items to the |
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child or the child's parent, guardian, or guardian ad litem if such |
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disclosure would materially harm the treatment and rehabilitation |
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of the child or would substantially decrease the likelihood of |
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receiving information from the same or similar sources in the |
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future. |
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(d) If the court or jury makes the finding specified in |
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Subsection (c) allowing the court to make a disposition in the case: |
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(1) the court or jury may, in addition to any order |
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required or authorized under Section 54.041 or 54.042, place the |
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child on probation on such reasonable and lawful terms as the court |
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may determine: |
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(A) in the child's own home or in the custody of a |
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relative or other fit person; or |
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(B) subject to the finding under Subsection (c) |
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on the placement of the child outside the child's home, in: |
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(i) a suitable foster home; [or] |
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(ii) a suitable public or private |
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residential treatment facility licensed by a state governmental |
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entity or exempted from licensure by state law [institution or
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agency], except a facility operated by the Texas Youth Commission; |
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or |
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(iii) a suitable public or private |
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post-adjudication secure correctional facility that meets the |
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requirements of Section 51.125, except a facility operated by the |
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Texas Youth Commission; |
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(2) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that violates a penal law of this state or the United States of the |
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grade of felony or, if the requirements of Subsection (s) or (t) are |
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met, of the grade of misdemeanor, and if the petition was not |
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approved by the grand jury under Section 53.045, the court may |
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commit the child to the Texas Youth Commission without a |
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determinate sentence; |
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(3) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that included a violation of a penal law listed in Section 53.045(a) |
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and if the petition was approved by the grand jury under Section |
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53.045, the court or jury may sentence the child to commitment in |
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the Texas Youth Commission with a possible transfer to the |
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institutional division or the pardons and paroles division of the |
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Texas Department of Criminal Justice for a term of: |
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(A) not more than 40 years if the conduct |
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constitutes: |
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(i) a capital felony; |
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(ii) a felony of the first degree; or |
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(iii) an aggravated controlled substance |
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felony; |
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(B) not more than 20 years if the conduct |
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constitutes a felony of the second degree; or |
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(C) not more than 10 years if the conduct |
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constitutes a felony of the third degree; |
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(4) the court may assign the child an appropriate |
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sanction level and sanctions as provided by the assignment |
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guidelines in Section 59.003; or |
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(5) if applicable, the court or jury may make a |
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disposition under Subsection (m). |
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(j) If the court or jury found that the child engaged in |
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delinquent conduct that included a violation of a penal law of the |
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grade of felony or jailable misdemeanor, the court: |
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(1) shall require that the child's thumbprint be |
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affixed or attached to the order; and |
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(2) may require that a photograph of the child be |
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attached to the order. |
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(v) A child may be detained in an appropriate detention |
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facility following disposition of the child's case under Subsection |
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(d) or (m) pending: |
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(1) transportation of the child to the ordered |
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placement; and |
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(2) the provision of medical or other health care |
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services for the child that may be advisable before transportation, |
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including health care services for children in the late term of |
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pregnancy. |
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SECTION 12. Chapter 54, Family Code, is amended by adding |
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Section 54.0481 to read as follows: |
|
Sec. 54.0481. TREATMENT OF RESTITUTION PAYMENTS. (a) A |
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juvenile probation department that receives a payment to a victim |
|
as the result of a juvenile court order for restitution shall |
|
immediately: |
|
(1) deposit the payment in an interest-bearing account |
|
in the county treasury; and |
|
(2) notify the victim by certified mail, sent to the |
|
last known address of the victim, that a payment has been received. |
|
(b) The juvenile probation department shall promptly remit |
|
the payment to a victim who has been notified under Subsection (a) |
|
and makes a claim for payment. |
|
(c) On or before the fifth anniversary of the date the |
|
juvenile probation department receives a payment for a victim that |
|
is not claimed by the victim, the department shall make and document |
|
a good faith effort to locate and notify the victim that an |
|
unclaimed payment exists, including: |
|
(1) confirming, if possible, the victim's most recent |
|
address with the Department of Public Safety; and |
|
(2) making at least one additional certified mailing |
|
to the victim. |
|
(d) A juvenile probation department satisfies the good |
|
faith requirement under Subsection (c) by sending by certified mail |
|
to the victim, during the period the child is required by the |
|
juvenile court order to make payments to the victim, a notice that |
|
the victim is entitled to an unclaimed payment. |
|
(e) If a victim claims a payment on or before the fifth |
|
anniversary of the date on which the juvenile probation department |
|
mailed a notice to the victim under Subsection (a), the juvenile |
|
probation department shall pay the victim the amount of the |
|
original payment, less any interest earned while holding the |
|
payment. |
|
(f) If a victim does not claim a payment on or before the |
|
fifth anniversary of the date on which the juvenile probation |
|
department mailed a notice to the victim under Subsection (a), the |
|
department: |
|
(1) has no liability to the victim or anyone else in |
|
relation to the payment; and |
|
(2) shall transfer the payment from the |
|
interest-bearing account to a special fund of the county treasury, |
|
the unclaimed juvenile restitution fund. |
|
(g) The county may spend money in the unclaimed juvenile |
|
restitution fund only for the same purposes for which the county may |
|
spend juvenile state aid. |
|
SECTION 13. Section 55.43(a), Family Code, is amended to |
|
read as follows: |
|
(a) The prosecuting attorney may file with the juvenile |
|
court a motion for a restoration hearing concerning a child if: |
|
(1) the child is found unfit to proceed as a result of |
|
mental illness or mental retardation; and |
|
(2) the child: |
|
(A) is not: |
|
(i) ordered by a court to receive inpatient |
|
mental health services; |
|
(ii) committed by a court to a residential |
|
care facility; or |
|
(iii) ordered by a court to receive |
|
treatment on an outpatient basis; or |
|
(B) is discharged or currently on furlough |
|
[furloughed] from a mental health facility or outpatient center |
|
before the child reaches 18 years of age. |
|
SECTION 14. Section 55.44(a), Family Code, is amended to |
|
read as follows: |
|
(a) The juvenile court shall transfer all pending |
|
proceedings from the juvenile court to a criminal court on the 18th |
|
birthday of a child for whom the juvenile court or a court to which |
|
the child's case is referred has ordered inpatient mental health |
|
services or residential care for persons with mental retardation |
|
if: |
|
(1) the child is not discharged or currently on |
|
furlough [furloughed] from the facility before reaching 18 years of |
|
age; and |
|
(2) the child is alleged to have engaged in delinquent |
|
conduct that included a violation of a penal law listed in Section |
|
53.045 and no adjudication concerning the alleged conduct has been |
|
made. |
|
SECTION 15. Section 55.45, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) If the referred child, as described in Subsection (b), |
|
is alleged to have committed an offense listed in Section 3g, |
|
Article 42.12, Code of Criminal Procedure, the administrator of the |
|
residential care facility shall apply, in writing, by certified |
|
mail, return receipt requested, to the juvenile court that ordered |
|
commitment of the child or that referred the case to a court that |
|
ordered commitment of the child and show good cause for any release |
|
of the child from the facility for more than 48 hours. Notice of |
|
this request must be provided to the prosecuting attorney |
|
responsible for the case. The prosecuting attorney, the juvenile, |
|
or the administrator may apply for a hearing on this application. |
|
If no one applies for a hearing, the trial court shall resolve the |
|
application on the written submission. The rules of evidence do not |
|
apply to this hearing. An appeal of the trial court's ruling on the |
|
application is not allowed. The release of a child described in |
|
this subsection without the express approval of the trial court is |
|
punishable by contempt. |
|
SECTION 16. Section 58.0051, Family Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) The Texas Juvenile Probation Commission may, in |
|
conformity with Section 58.0072 of this code and Section 37.084, |
|
Education Code, enter into an interagency agreement to share |
|
educational information for research, audit, and analytical |
|
purposes with the: |
|
(1) Texas Education Agency; |
|
(2) Texas Youth Commission; and |
|
(3) Texas Department of Criminal Justice. |
|
SECTION 17. Section 58.007(c), Family Code, is amended to |
|
read as follows: |
|
(c) Except as provided by Subsection (d), law enforcement |
|
records and files concerning a child and information stored, by |
|
electronic means or otherwise, concerning the child from which a |
|
record or file could be generated may not be disclosed to the public |
|
and shall be: |
|
(1) if maintained on paper or microfilm, kept separate |
|
from adult files and records; |
|
(2) if maintained electronically in the same computer |
|
system as records or files relating to adults, be accessible under |
|
controls that are separate and distinct from controls to access |
|
electronic data concerning adults; and |
|
(3) maintained on a local basis only and not sent to a |
|
central state or federal depository, except as provided by |
|
Subchapters [Subchapter] B, D, and E. |
|
SECTION 18. Sections 58.0072(c) and (d), Family Code, are |
|
amended to read as follows: |
|
(c) The Texas Juvenile Probation Commission may grant the |
|
following entities access to juvenile justice information for |
|
research and statistical purposes or for any other purpose approved |
|
by the commission: |
|
(1) criminal justice agencies as defined by Section |
|
411.082, Government Code; |
|
(2) the Texas Education Agency, as authorized under |
|
Section 37.084, Education Code; |
|
(3) any agency under the authority of the Health and |
|
Human Services Commission; or |
|
(4) a public or private university. |
|
(d) The Texas Juvenile Probation Commission may grant the |
|
following entities access to juvenile justice information only for |
|
a purpose beneficial to and approved by the commission to: |
|
(1) a person working on a research or statistical |
|
project that: |
|
(A) is funded in whole or in part by state or |
|
federal funds; and [or] |
|
(B) meets the requirements of [28 C.F.R. Part 22] |
|
and is approved by the commission; or |
|
(2) a governmental entity that has a specific |
|
agreement with the commission, if the agreement: |
|
(A) specifically authorizes access to |
|
information; |
|
(B) limits the use of information to the purposes |
|
for which the information is given; |
|
(C) ensures the security and confidentiality of |
|
the information; and |
|
(D) provides for sanctions if a requirement |
|
imposed under Paragraph (A), (B), or (C) is violated. |
|
SECTION 19. Section 58.110(e), Family Code, is amended to |
|
read as follows: |
|
(e) Except as otherwise required by applicable state laws or |
|
regulations, information required by this chapter to be reported to |
|
the department shall be reported promptly. The information shall |
|
be reported not later than the 30th day after the date the |
|
information is received by the agency responsible for reporting the |
|
information, except that a juvenile offender's custody or[,] |
|
detention[, or referral] without previous custody shall be reported |
|
to the department not later than the seventh day after the date of |
|
the custody or [,] detention[, or referral]. |
|
SECTION 20. Section 58.302, Family Code, is amended to read |
|
as follows: |
|
Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local |
|
juvenile justice information system are to: |
|
(1) provide accurate information at the county or |
|
regional level relating to children who come into contact with the |
|
juvenile justice system; |
|
(2) assist in the development and delivery of services |
|
to children in the juvenile justice system; |
|
(3) assist in the development and delivery of services |
|
to children: |
|
(A) who school officials have reasonable cause to |
|
believe have committed an offense for which a report is required |
|
under Section 37.015, Education Code; or |
|
(B) who have been expelled, the expulsion of |
|
which school officials are required to report under Section 52.041; |
|
(4) provide for an efficient transmission of juvenile |
|
records from justice and municipal courts to county juvenile |
|
probation departments and the juvenile court and from county |
|
juvenile probation departments and juvenile court to the state |
|
juvenile justice information system created by Subchapter B; |
|
(5) provide efficient computerized case management |
|
resources to juvenile courts, prosecutors, court clerks, county |
|
juvenile probation departments, and partner agencies authorized by |
|
this subchapter; |
|
(6) provide a directory of services available to |
|
children to the partner agencies to facilitate the delivery of |
|
services to children; |
|
(7) provide an efficient means for municipal and |
|
justice courts to report filing of charges, adjudications, and |
|
dispositions of juveniles to the juvenile court as required by |
|
Section 51.08; and |
|
(8) provide a method for agencies to fulfill their |
|
duties under Section 58.108, including the electronic transmission |
|
of information required to be sent to the Department of Public |
|
Safety by Section 58.110(f). |
|
SECTION 21. Section 58.303(b), Family Code, is amended to |
|
read as follows: |
|
(b) A local juvenile justice information system may contain |
|
the following components: |
|
(1) case management resources for juvenile courts, |
|
court clerks, prosecuting attorneys, and county juvenile probation |
|
departments; |
|
(2) reporting systems to fulfill statutory |
|
requirements for reporting in the juvenile justice system; |
|
(3) service provider directories and indexes of |
|
agencies providing services to children; |
|
(4) victim-witness notices required under Chapter 57; |
|
(5) electronic filing of complaints or petitions, |
|
court orders, and other documents filed with the court, including |
|
documents containing electronic signatures; |
|
(6) electronic offense and intake processing; |
|
(7) case docket management and calendaring; |
|
(8) communications by email or other electronic |
|
communications between partner agencies; |
|
(9) reporting of charges filed, adjudications and |
|
dispositions of juveniles by municipal and justice courts and the |
|
juvenile court, and transfers of cases to the juvenile court as |
|
authorized or required by Section 51.08; |
|
(10) reporting to schools under Article 15.27, Code of |
|
Criminal Procedure, by law enforcement agencies, prosecuting |
|
attorneys, and juvenile courts; |
|
(11) records of adjudications and dispositions, |
|
including probation conditions ordered by the juvenile court; and |
|
(12) warrant management and confirmation |
|
capabilities. |
|
SECTION 22. Section 58.304(b), Family Code, is amended to |
|
read as follows: |
|
(b) To the extent possible and subject to Subsections (a) |
|
and (d), the local juvenile justice information system may include |
|
the following information for each juvenile taken into custody, |
|
detained, or referred under this title: |
|
(1) the juvenile's name, including other names by |
|
which the juvenile is known; |
|
(2) the juvenile's date and place of birth; |
|
(3) the juvenile's physical description, including |
|
sex, weight, height, race, ethnicity, eye color, hair color, scars, |
|
marks, and tattoos; |
|
(4) the juvenile's state identification number and |
|
other identifying information; |
|
(5) the juvenile's fingerprints and photograph; |
|
(6) the juvenile's last known residential address, |
|
including the census tract number designation for the address; |
|
(7) the name, address, and phone number of the |
|
juvenile's parent, guardian, or custodian; |
|
(8) the name and identifying number of the agency that |
|
took into custody or detained the juvenile; |
|
(9) each date of custody or detention; |
|
(10) a detailed description of the conduct for which |
|
the juvenile was taken into custody, detained, or referred, |
|
including the level and degree of the alleged offense; |
|
(11) the name and identifying number of the juvenile |
|
intake agency or juvenile probation office; |
|
(12) each disposition by the juvenile intake agency or |
|
juvenile probation office; |
|
(13) the date of disposition by the juvenile intake |
|
agency or juvenile probation office; |
|
(14) the name and identifying number of the |
|
prosecutor's office; |
|
(15) each disposition by the prosecutor; |
|
(16) the date of disposition by the prosecutor; |
|
(17) the name and identifying number of the court; |
|
(18) each disposition by the court, including |
|
information concerning custody of a juvenile by a juvenile justice |
|
agency or county juvenile probation department; |
|
(19) the date of disposition by the court; |
|
(20) any commitment or release under supervision by |
|
the Texas Youth Commission, including the date of the commitment or |
|
release; [and] |
|
(21) information concerning each appellate |
|
proceeding; and |
|
(22) electronic copies of all documents filed with the |
|
court. |
|
SECTION 23. Section 58.305(a), Family Code, is amended to |
|
read as follows: |
|
(a) A local juvenile justice information system shall to the |
|
extent possible include the following partner agencies within that |
|
county: |
|
(1) the juvenile court and court clerk; |
|
(2) justice of the peace and municipal courts; |
|
(3) the county juvenile probation department; |
|
(4) the prosecuting attorneys who prosecute juvenile |
|
cases in juvenile court, municipal court, or justice court; |
|
(5) law enforcement agencies; |
|
(6) each public school district in the county; |
|
(7) governmental service providers approved by the |
|
county juvenile board; and |
|
(8) governmental placement facilities approved by the |
|
county juvenile board. |
|
SECTION 24. Section 58.306(g), Family Code, is amended to |
|
read as follows: |
|
(g) Level 3 Access is by: |
|
(1) the juvenile court and court clerk; |
|
(2) the prosecuting attorney; |
|
(3) the county juvenile probation department; |
|
(4) law enforcement agencies; |
|
(5) governmental service providers that are partner |
|
agencies; and |
|
(6) governmental placement facilities that are |
|
partner agencies. |
|
SECTION 25. Sections 58.307(a) and (e), Family Code, are |
|
amended to read as follows: |
|
(a) Information that is part of a local juvenile justice |
|
information system is not public information and may not be |
|
released to the public, except as authorized by law. |
|
(e) Information in a local juvenile justice information |
|
system, including electronic signature systems, shall be protected |
|
from unauthorized access by a system of access security and any |
|
access to information in a local juvenile information system |
|
performed by browser software shall be at the level of at least |
|
128-bit encryption. A juvenile board or a regional juvenile board |
|
committee shall require all partner agencies to maintain security |
|
and restrict access in accordance with the requirements of this |
|
title. |
|
SECTION 26. (a) Section 58.005(b), Family Code, is amended |
|
to read as follows: |
|
(b) This section does not apply to information collected |
|
under Section 58.104 or under Subchapter D-1. |
|
(b) Chapter 58, Family Code, is amended by adding Subchapter |
|
D-1 to read as follows: |
|
SUBCHAPTER D-1. REPORTS ON COUNTY INTERNET WEBSITES |
|
Sec. 58.351. APPLICABILITY. This subchapter applies only |
|
to a county with a population of 600,000 or more. |
|
Sec. 58.352. INFORMATION POSTED ON COUNTY WEBSITE. (a) A |
|
juvenile court judge in a county to which this subchapter applies |
|
shall post a report on the Internet website of the county in which |
|
the court is located. The report must include: |
|
(1) the total number of children committed by the |
|
judge to a correctional facility operated by the Texas Youth |
|
Commission; and |
|
(2) for each child committed to a facility described |
|
by Subdivision (1): |
|
(A) a general description of the offense |
|
committed by the child or the conduct of the child that led to the |
|
child's commitment to the facility; |
|
(B) the year the child was committed to the |
|
facility; and |
|
(C) the age range, race, and gender of the child. |
|
(b) Not later than the 10th day following the first day of |
|
each quarter, a juvenile court judge shall update the information |
|
posted on a county Internet website under Subsection (a). |
|
Sec. 58.353. CONFIDENTIALITY. A record posted on a county |
|
Internet website under this subchapter may not include any |
|
information that personally identifies a child. |
|
(c) The changes in law made by this section apply only to a |
|
child committed to a correctional facility operated by the Texas |
|
Youth Commission on or after January 1, 2008. |
|
SECTION 27. Chapter 58, Family Code, is amended by adding |
|
Subchapter E to read as follows: |
|
SUBCHAPTER E. STATEWIDE JUVENILE INFORMATION AND CASE MANAGEMENT |
|
SYSTEM |
|
Sec. 58.401. DEFINITIONS. In this subchapter: |
|
(1) "Commission" means the Texas Juvenile Probation |
|
Commission. |
|
(2) "Criminal justice agency" has the meaning assigned |
|
by Section 411.082, Government Code. |
|
(3) "Juvenile justice agency" means an agency that has |
|
custody or control over juvenile offenders. |
|
(4) "Partner agencies" means those agencies described |
|
in Section 58.305 as well as private service providers to the |
|
juvenile justice system. |
|
(5) "System" means an automated statewide juvenile |
|
information and case management system. |
|
Sec. 58.402. PURPOSES OF SYSTEM. The purposes of the system |
|
are to: |
|
(1) provide accurate information at the statewide |
|
level relating to children who come into contact with the juvenile |
|
justice system; |
|
(2) facilitate communication and information sharing |
|
between authorized entities in criminal and juvenile justice |
|
agencies and partner agencies regarding effective and efficient |
|
identification of and service delivery to juvenile offenders; and |
|
(3) provide comprehensive juvenile justice |
|
information and case management abilities that will meet the common |
|
data collection, reporting, and management needs of juvenile |
|
probation departments in this state and provide the flexibility to |
|
accommodate individualized requirements. |
|
Sec. 58.403. JUVENILE INFORMATION SYSTEM. The commission |
|
in partnership with local counties may participate and assist in |
|
the creation and maintenance of a statewide system to: |
|
(1) aid in processing the cases of children under this |
|
title; |
|
(2) facilitate the delivery of services to children in |
|
the juvenile justice system; |
|
(3) aid in the early identification of at-risk and |
|
delinquent children; and |
|
(4) facilitate cross-jurisdictional sharing of |
|
information related to juvenile offenders between authorized |
|
criminal and juvenile justice agencies and partner agencies. |
|
Sec. 58.404. INFORMATION COLLECTED BY COMMISSION. The |
|
commission may collect and maintain all information related to |
|
juvenile offenders and all offenses committed by a juvenile |
|
offender, including all information collected and maintained under |
|
Subchapters B and D. |
|
Sec. 58.405. AUTHORITY CUMULATIVE. The authority granted by |
|
this subchapter is cumulative of all other authority granted by |
|
this chapter to a county, the commission, or a juvenile justice |
|
agency and nothing in this subchapter limits the authority of a |
|
county, the commission, or a juvenile justice agency under this |
|
chapter to create an information system or to share information |
|
related to a juvenile. |
|
SECTION 28. Section 59.003(a), Family Code, is amended to |
|
read as follows: |
|
(a) Subject to Subsection (e), after a child's first |
|
commission of delinquent conduct or conduct indicating a need for |
|
supervision, the probation department or prosecuting attorney may, |
|
or the juvenile court may, in a disposition hearing under Section |
|
54.04 or a modification hearing under Section 54.05, assign a child |
|
one of the following sanction levels according to the child's |
|
conduct: |
|
(1) for conduct indicating a need for supervision, |
|
other than conduct described in Section 51.03(b)(4) or (5) |
|
[51.03(b)(5)] or a Class A or B misdemeanor, the sanction level is |
|
one; |
|
(2) for conduct indicating a need for supervision |
|
under Section 51.03(b)(4) or (5) [51.03(b)(5)] or a Class A or B |
|
misdemeanor, other than a misdemeanor involving the use or |
|
possession of a firearm, or for delinquent conduct under Section |
|
51.03(a)(2), the sanction level is two; |
|
(3) for a misdemeanor involving the use or possession |
|
of a firearm or for a state jail felony or a felony of the third |
|
degree, the sanction level is three; |
|
(4) for a felony of the second degree, the sanction |
|
level is four; |
|
(5) for a felony of the first degree, other than a |
|
felony involving the use of a deadly weapon or causing serious |
|
bodily injury, the sanction level is five; |
|
(6) for a felony of the first degree involving the use |
|
of a deadly weapon or causing serious bodily injury, for an |
|
aggravated controlled substance felony, or for a capital felony, |
|
the sanction level is six; or |
|
(7) for a felony of the first degree involving the use |
|
of a deadly weapon or causing serious bodily injury, for an |
|
aggravated controlled substance felony, or for a capital felony, if |
|
the petition has been approved by a grand jury under Section 53.045, |
|
or if a petition to transfer the child to criminal court has been |
|
filed under Section 54.02, the sanction level is seven. |
|
SECTION 29. Sections 261.401(a) and (b), Family Code, are |
|
amended to read as follows: |
|
(a) Notwithstanding Section 261.001, in this section: |
|
(1) "Abuse" means an intentional, knowing, or reckless |
|
act or omission by an employee, volunteer, or other individual |
|
working under the auspices of a facility or program that causes or |
|
may cause emotional harm or physical injury to, or the death of, a |
|
child served by the facility or program as further described by rule |
|
or policy. |
|
(2) "Exploitation" means the illegal or improper use |
|
of a child or of the resources of a child for monetary or personal |
|
benefit, profit, or gain by an employee, volunteer, or other |
|
individual working under the auspices of a facility or program as |
|
further described by rule or policy. |
|
(3) "Neglect" means a negligent act or omission by an |
|
employee, volunteer, or other individual working under the auspices |
|
of a facility or program, including failure to comply with an |
|
individual treatment plan, plan of care, or individualized service |
|
plan, that causes or may cause substantial emotional harm or |
|
physical injury to, or the death of, a child served by the facility |
|
or program as further described by rule or policy. |
|
(b) A state agency that operates, licenses, certifies, or |
|
registers a facility in which children are located or provides |
|
oversight of a program that serves children shall make a prompt, |
|
thorough investigation of a report that a child has been or may be |
|
abused, neglected, or exploited in the facility or program. The |
|
primary purpose of the investigation shall be the protection of the |
|
child. |
|
SECTION 30. Section 261.405(a), Family Code, is amended to |
|
read as follows: |
|
(a) In this section: |
|
(1) "Juvenile justice facility" means a facility |
|
operated wholly or partly by the juvenile board, by another |
|
governmental unit, or by a private vendor under a contract with the |
|
juvenile board, [or] county, or other governmental unit that serves |
|
juveniles under juvenile court jurisdiction. The term includes: |
|
(A) a public or private juvenile |
|
pre-adjudication secure detention facility, including a holdover |
|
facility; |
|
(B) a public or private juvenile |
|
post-adjudication secure correctional facility except for a |
|
facility operated solely for children committed to the Texas Youth |
|
Commission; and |
|
(C) a public or private non-secure juvenile |
|
post-adjudication residential treatment facility that is not |
|
licensed by the Department of Protective and Regulatory Services or |
|
the Texas Commission on Alcohol and Drug Abuse. |
|
(2) "Juvenile justice program" means a program or |
|
department operated wholly or partly by the juvenile board or by a |
|
private vendor under a contract with a juvenile board that serves |
|
juveniles under juvenile court jurisdiction. The term includes: |
|
(A) a juvenile justice alternative education |
|
program; [and] |
|
(B) a non-residential program that serves |
|
juvenile offenders under the jurisdiction of the juvenile court; |
|
and |
|
(C) a juvenile probation department. |
|
SECTION 31. Section 25.0951(a), Education Code, is amended |
|
to read as follows: |
|
(a) If a student fails to attend school without excuse on 10 |
|
or more days or parts of days within a six-month period in the same |
|
school year, a school district shall within seven school days of the |
|
student's 10th [last] absence: |
|
(1) file a complaint against the student or the |
|
student's parent or both in a county, justice, or municipal court |
|
for an offense under Section 25.093 or 25.094, as appropriate, or |
|
refer the student to a juvenile court in a county with a population |
|
of less than 100,000 for conduct that violates Section 25.094; or |
|
(2) refer the student to a juvenile court for conduct |
|
indicating a need for supervision under Section 51.03(b)(2), Family |
|
Code. |
|
SECTION 32. Section 61.0762, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 61.0762. INFANT CARE AND PARENTING PROGRAM. (a) In |
|
this section, "child" means the child of a person who is committed |
|
to the commission. |
|
(b) The commission may establish child [infant] care and |
|
parenting programs for persons committed to the commission |
|
[children] who are parents. |
|
(c) [(b)] The commission may permit a [child who is the] |
|
mother [of an infant younger than 36 months] to have possession of |
|
her child [infant] in a residential program that has an infant care |
|
and parenting program or to have possession of her child in a |
|
commission-funded independent living residence for up to six [until
|
|
the infant reaches the age of 36] months [or the mother is released
|
|
under supervision] if: |
|
(1) the child's [infant's] father or another relative |
|
or guardian of the child [infant] agrees in advance of the child's |
|
[infant's] placement with the child's [infant's] mother to assume |
|
possession of the child [infant] immediately upon notice by the |
|
commission to do so; |
|
(2) the child's [infant's] parents and any other |
|
person having a duty of support acknowledge that by permitting the |
|
mother to have possession of the child [infant] while the mother is |
|
confined in a residential facility or placed in an independent |
|
living residence, the commission assumes no responsibility for the |
|
child's [infant's] care beyond the responsibility of care that is |
|
ordinarily due the child's [infant's] mother and the reasonable |
|
accommodations that are necessary for the mother's care of her |
|
child [the infant]; |
|
(3) the child's [infant's] parents and any other |
|
person having a duty of support agree to indemnify and hold the |
|
commission harmless from any claims that may be made against the |
|
commission for the child's [infant's] support, including medical |
|
support; and |
|
(4) the commission determines that the placement is in |
|
the best interest of both the mother and her child [infant]. |
|
SECTION 33. Subchapter C, Chapter 141, Human Resources |
|
Code, is amended by adding Sections 141.0461 and 141.055 to read as |
|
follows: |
|
Sec. 141.0461. AUTHORITY TO ISSUE SUBPOENA, ADMINISTER |
|
OATH, RECEIVE EVIDENCE, AND GATHER INFORMATION. (a) In this |
|
section, "evidence" means any record, book, paper, document, data, |
|
or other evidence maintained by electronic or other means. |
|
(b) The commission may issue a subpoena requiring the |
|
attendance of a witness or the production of evidence that the |
|
commission considers necessary for the investigation of: |
|
(1) abuse, neglect, or exploitation allegations; |
|
(2) complaints; |
|
(3) financial and programmatic audits of juvenile |
|
probation programs services and facilities, including juvenile |
|
justice alternative education programs; or |
|
(4) any matter under the authority of the commission. |
|
(c) The commission may issue a subpoena under Subsection (b) |
|
only if the subpoena is signed by: |
|
(1) the chairman of the commission or, if the chairman |
|
is unavailable, the vice-chairman of the commission; and |
|
(2) at least two other members of the commission, |
|
including a member who is a judge. |
|
(d) Any peace officer, commission investigator, other |
|
commission official, or person authorized under Article 24.01, Code |
|
of Criminal Procedure, may serve the subpoena in the same manner |
|
that similar process in a court of record having original |
|
jurisdiction of criminal actions is served. |
|
(e) A subpoena under this section shall be served and |
|
witness fees and mileage paid as in civil cases in the district |
|
court in the county to which the witness is called, unless the |
|
proceeding for which the service or payment is made is under Chapter |
|
2001, Government Code, in which case the service or payment shall be |
|
made as provided in that chapter. Witnesses subpoenaed at the |
|
instance of the commission shall be paid their fees and mileage by |
|
the commission out of funds appropriated for that purpose. |
|
(f) On application of the commission, a court of record |
|
having original jurisdiction of criminal actions may compel the |
|
attendance of a witness, the production of material, or the giving |
|
of testimony before the commission, by an attachment for contempt |
|
or in the same manner as the court may otherwise compel the |
|
production of evidence. |
|
(g) The chairman or another member of the commission may |
|
administer an oath to a witness in attendance before the commission |
|
or before an authorized representative of the commission. |
|
(h) If a witness in attendance before the commission or |
|
before an authorized representative refuses without reasonable |
|
cause to be examined or answer a legal or pertinent question, or to |
|
produce evidence when ordered by the commission, the commission may |
|
apply to the district court for a rule or order returnable in not |
|
less than two or in more than five days, directing the witness to |
|
show cause before the judge why the witness should not be punished |
|
for contempt. The commission may apply to the district court of any |
|
county where the witness is in attendance, on proof by affidavit of |
|
the fact, unless the order of contempt is sought under Chapter 2001, |
|
Government Code, in which case the commission shall apply to a |
|
district court of Travis County, as provided by that chapter. On |
|
return of the order, the judge hearing the matter shall examine the |
|
witness under oath and the witness shall be given an opportunity to |
|
be heard. If the judge determines that the witness has refused, |
|
without reasonable cause or legal excuse, to be examined or answer a |
|
legal or pertinent question, or to produce evidence that the |
|
witness was ordered to bring or produce, the judge may immediately |
|
find the witness in contempt of court. |
|
(i) The commission shall be granted access at any reasonable |
|
time to any evidence that is related to any matter the commission or |
|
executive director considers necessary to administer the |
|
commission's functions, powers, and duties. |
|
Sec. 141.055. INVESTIGATORS. (a) The commission may |
|
employ and commission investigators as peace officers for the |
|
purpose of investigating allegations of abuse, neglect, and |
|
exploitation in juvenile justice programs and facilities under |
|
Section 261.405, Family Code. |
|
(b) Peace officers employed and commissioned under |
|
Subsection (a) must be certified by the Commission on Law |
|
Enforcement Officer Standards and Education under Chapter 1701, |
|
Occupations Code. |
|
SECTION 34. Section 152.0721, Human Resources Code, is |
|
amended by adding Subsection (f) to read as follows: |
|
(f) The Duval County Juvenile Board and the juvenile boards |
|
of one or more counties that are adjacent to or in close proximity |
|
to Duval County may agree to operate together with respect to all |
|
matters, or with respect to certain matters specified by the |
|
juvenile boards. Juvenile boards operating together may appoint |
|
one fiscal officer to receive and disburse funds for the boards. |
|
SECTION 35. Subchapter D, Chapter 152, Human Resources |
|
Code, is amended by adding Section 152.1301 to read as follows: |
|
Sec. 152.1301. JIM HOGG COUNTY. (a) The Jim Hogg County |
|
Juvenile Board is composed of the county judge, the district judge |
|
in Jim Hogg County, and a citizen of Jim Hogg County appointed by |
|
the county judge and the district judge. The citizen member of the |
|
board serves the same term of office as the district judge in Jim |
|
Hogg County. |
|
(b) The district judge is the chairman of the board and its |
|
chief administrative officer. |
|
(c) The commissioners court may pay the juvenile board |
|
members an annual salary set by the commissioners court at not less |
|
than $1,200 or more than $3,600 for the added duties imposed on the |
|
members. The salary shall be paid in equal monthly installments |
|
from the general fund of the county. |
|
(d) The juvenile board shall appoint not more than five |
|
persons to serve on an advisory council. |
|
(e) The Jim Hogg County Juvenile Board and the juvenile |
|
boards of one or more counties that are adjacent to or in close |
|
proximity to Jim Hogg County may agree to operate together with |
|
respect to all matters, or with respect to certain matters |
|
specified by the juvenile boards. Juvenile boards operating |
|
together may appoint one fiscal officer to receive and disburse |
|
funds for the boards. |
|
(f) Sections 152.0002, 152.0004, 152.0005, 152.0006, |
|
152.0007, and 152.0008 do not apply to the juvenile board. |
|
SECTION 36. Section 152.2201, Human Resources Code, is |
|
amended by amending Subsection (a) and adding Subsection (f) to |
|
read as follows: |
|
(a) The Starr County Juvenile Board is composed of the |
|
county judge, the judge of the county court at law in Starr County, |
|
and the district judges in Starr County. |
|
(f) The Starr County Juvenile Board and the juvenile boards |
|
of one or more counties that are adjacent to or in close proximity |
|
to Starr County may agree to operate together with respect to all |
|
matters, or with respect to certain matters specified by the |
|
juvenile boards. Juvenile boards operating together may appoint |
|
one fiscal officer to receive and disburse funds for the boards. |
|
SECTION 37. The Jim Hogg County Juvenile Board is created |
|
October 1, 2007. |
|
SECTION 38. Section 38.06(a), Penal Code, is amended to |
|
read as follows: |
|
(a) A person commits an offense if he escapes from custody |
|
when he is: |
|
(1) under arrest for, charged with, or convicted of an |
|
offense; [or] |
|
(2) in custody pursuant to a lawful order of a court; |
|
(3) detained in a secure detention facility, as that |
|
term is defined by Section 51.02, Family Code; or |
|
(4) in the custody of a juvenile probation officer for |
|
violating an order imposed by the juvenile court under Section |
|
52.01, Family Code. |
|
SECTION 39. Section 38.07, Penal Code, is amended by adding |
|
Subsection (f) to read as follows: |
|
(f) In this section, "correctional facility" means: |
|
(1) any place described by Section 1.07(a)(14); or |
|
(2) a "secure correctional facility" or "secure |
|
detention facility" as those terms are defined by Section 51.02, |
|
Family Code. |
|
SECTION 40. Section 38.09, Penal Code, is amended by adding |
|
Subsection (c) to read as follows: |
|
(c) In this section, "correctional facility" means: |
|
(1) any place described by Section 1.07(a)(14); or |
|
(2) a "secure correctional facility" or "secure |
|
detention facility" as those terms are defined by Section 51.02, |
|
Family Code. |
|
SECTION 41. Section 38.111, Penal Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) In this section, "correctional facility" means: |
|
(1) any place described by Section 1.07(a)(14); or |
|
(2) a "secure correctional facility" or "secure |
|
detention facility" as those terms are defined by Section 51.02, |
|
Family Code. |
|
SECTION 42. Section 38.114, Penal Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) In this section, "correctional facility" means: |
|
(1) any place described by Section 1.07(a)(14); or |
|
(2) a "secure correctional facility" or "secure |
|
detention facility" as those terms are defined by Section 51.02, |
|
Family Code. |
|
SECTION 43. Section 39.04(f), Penal Code, is amended to |
|
read as follows: |
|
(f) An employee of the Texas Department of Criminal Justice, |
|
the Texas Youth Commission, or a local juvenile probation |
|
department commits an offense if the employee engages in sexual |
|
contact, sexual intercourse, or deviate sexual intercourse with an |
|
individual who is not the employee's spouse and who the employee |
|
knows is under the supervision of the department, commission, or |
|
probation department but not in the custody of the department, |
|
commission, or probation department. |
|
SECTION 44. Sections 61.049, 141.0432, 141.0433, and |
|
141.0434, Human Resources Code, are repealed. |
|
SECTION 45. (a) 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. |
|
(b) 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. |
|
(c) This Act applies only to 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. |
|
(d) Section 54.0481, Family Code, as added by this Act, |
|
applies only to a payment of restitution under a juvenile court |
|
order received by a juvenile probation department on or after the |
|
effective date of this Act. |
|
SECTION 46. This Act applies to information and documents |
|
relating to juvenile court cases without regard to whether the |
|
conduct that is the basis of the case occurred before, on, or after |
|
the effective date of this Act. |
|
SECTION 47. This Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2884 was passed by the House on May |
|
11, 2007, by the following vote: Yeas 135, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2884 on May 25, 2007, by the following vote: Yeas 137, Nays 0, |
|
3 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2884 was passed by the Senate, with |
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |