82R6250 AJZ-D

By: Gonzalez H.B. No. 2496

A BILL TO BE ENTITLED

AN ACT

relating to creating a teen dating violence court program.

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

SECTION 1. Chapter 54, Family Code, is amended by adding Section 54.0325 to read as follows:

Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM. (a) In this section, "teen dating violence court program" means a program that includes:

(1) a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct;

(2) a dedicated teen victim advocate, employed through the counseling services unit of the district attorney's office, who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system;

(3) a court-employed resource coordinator to monitor children's compliance with the 12-week program;

(4) one judge who presides over all of the cases in the jurisdiction that qualify for the program; and

(5) an attorney in the district attorney's office who is assigned to the program.

(b) A juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is alleged to have engaged in conduct:

(1) indicating a need for supervision that violated a penal law of this state of the grade of misdemeanor; and

(2) involving dating violence as defined in Section 71.0021.

(c) The teen dating violence court program must be approved by the court.

(d) A child for whom adjudication proceedings are deferred under Subsection (b) shall:

(1) complete the teen dating violence court program not later than the last day of the deferral period; and

(2) appear in court once a month for monitoring purposes.

(e) If a child for whom adjudication proceedings are deferred under Subsection (b) does not comply with the requirements of the teen dating violence court program, the court may order the child to perform community service or serve additional time in the program.

(f) The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen dating violence court program. A case dismissed under this section may not be part of the child's records for any purpose.

(g) The court may require a child who participates in a teen dating violence court program to pay a fee not to exceed $10 that is set by the court to cover the costs of administering this section. The court shall deposit the fee in the county treasury of the county in which the court is located.

(h) In addition to the fee authorized by Subsection (g), the court may require a child who participates in a teen dating violence court program to pay a fee of $10 to cover the cost to the teen dating violence court program for performing its duties under this section. The court shall pay the fee to the teen dating violence court program, and the teen dating violence court program must account to the court for the receipt and disbursal of the fee.

(i) The court shall track the number of children ordered to participate in the teen dating violence court program, the percentage of victims meeting with the teen victim advocate, and the compliance rate of the children ordered to participate in the program.

SECTION 2. Subchapter B, Chapter 103, Government Code, is amended by adding Section 103.0210 to read as follows:

Sec. 103.0210. ADDITIONAL FEES IN CERTAIN CRIMINAL CASES: FAMILY CODE. A child for whom adjudication proceedings are deferred under Section 54.0325, Family Code, shall pay a fee not to exceed $20 to the court for the administration of the teen dating violence court program.

SECTION 3. This Act takes effect September 1, 2011.