By: Gonzalez, et al. (Senate Sponsor - Carona) H.B. No. 2496
         (In the Senate - Received from the House May 16, 2011;
  May 16, 2011, read first time and referred to Committee on Criminal
  Justice; May 21, 2011, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 21, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to creating a teen dating violence court program and the
  deferral of adjudication and dismissal of certain dating violence
  cases.
         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:
               (1)  "Dating violence" has the meaning assigned by
  Section 71.0021.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004.
               (3)  "Teen dating violence court program" means a
  program that includes:
                     (A)  a 12-week program designed to educate
  children who engage in dating violence and encourage them to
  refrain from engaging in that conduct;
                     (B)  a dedicated teen victim advocate who assists
  teen victims by offering referrals to additional services,
  providing counseling and safety planning, and explaining the
  juvenile justice system;
                     (C)  a court-employed resource coordinator to
  monitor children's compliance with the 12-week program;
                     (D)  one judge who presides over all of the cases
  in the jurisdiction that qualify for the program; and
                     (E)  an attorney in the district attorney's office
  or the county attorney's office who is assigned to the program.
         (b)  On the recommendation of the prosecuting attorney, the
  juvenile court may defer adjudication proceedings under Section
  54.03 for not more than 180 days if the child is a first offender who
  is alleged to have engaged in conduct:
               (1)  that violated a penal law of this state of the
  grade of misdemeanor; and
               (2)  involving dating violence.
         (c)  For the purposes of Subsection (b), a first offender is
  a child who has not previously been referred to juvenile court for
  allegedly engaging in conduct constituting dating violence, family
  violence, or an assault.
         (d)  Before implementation, the teen dating violence court
  program must be approved by:
               (1)  the court; and
               (2)  the commissioners court of the county.
         (e)  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.
         (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.
         (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 JUVENILE 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.  The change in law made by this Act applies only
  to conduct violating a penal law that occurs on or after the
  effective date of this Act. Conduct violating a penal law that
  occurs before the effective date of this Act is governed by the law
  in effect on the date the conduct occurred, and the former law is
  continued in effect for that purpose. For purposes of this section,
  conduct violating a penal law occurred before the effective date of
  this Act if any element of the violation occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2011.
 
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