INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Articles
62.352(b) and (c), Code of Criminal Procedure, are amended.
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SECTION 1. Same as introduced
version.
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No
equivalent provision.
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SECTION 2. Section
51.02(8-a), Family Code, is amended to read as follows:
(8-a) "Nonsecure
correctional facility" means a facility described by Section 51.126[,
other than a secure correctional facility, that accepts only juveniles who
are on probation and that is operated by or under contract with a
governmental unit, as defined by Section 101.001, Civil Practice and
Remedies Code].
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No
equivalent provision.
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SECTION 3. Section 51.12,
Family Code, is amended by amending Subsection (a) and adding Subsection
(j-1) to read as follows:
(a) Except as provided by
Subsection (h), a child may be detained only in a:
(1) juvenile processing
office in compliance with Section 52.025;
(2) place of nonsecure
custody in compliance with Article 45.058, Code of Criminal Procedure;
(3) certified juvenile
detention facility that complies with the requirements of Subsection (f);
(4) secure detention
facility as provided by Subsection (j); [or]
(5) county jail or other
facility as provided by Subsection (l); or
(6) nonsecure
correctional facility as provided by Subsection (j-1).
(j-1) After being taken
into custody, a child may be detained in a nonsecure correctional facility
until the child is released under Section 53.01, 53.012, or 53.02 or until
a detention hearing is held under Section 54.01(a), if:
(1) the nonsecure
correctional facility has been appropriately registered and certified;
(2) a certified secure
detention facility is not available in the county in which the child is taken
into custody;
(3) the nonsecure
correctional facility complies with the short-term detention standards
adopted by the Texas Juvenile Justice Department; and
(4) the nonsecure
correctional facility has been designated by the county juvenile board for
the county in which the facility is located.
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SECTION 2. Section 54.02,
Family Code, is amended by adding Subsection (s) to read as follows:
(s) If a child is
transferred to criminal court under this section, only the petition for
discretionary transfer, the order of transfer, and the order of commitment,
if any, are a part of the district clerk's public record. All other documents filed in the case must be
transferred under seal and made available only to the judge, prosecution,
and defense.
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SECTION 4. Section 54.02,
Family Code, is amended by adding Subsection (s) to read as follows:
(s) If a child is
transferred to criminal court under this section, only the petition for
discretionary transfer, the order of transfer, and the order of commitment,
if any, are a part of the district clerk's public record.
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SECTION 3. Section 54.04(b),
Family Code, is amended to read as follows:
(b) At the disposition
hearing, the juvenile court, notwithstanding the Texas Rules of Evidence or
Chapter 37, Code of Criminal Procedure, may consider written reports from
probation officers, professional court employees, or professional
consultants in addition to the testimony of witnesses. On or before the
second day before the date of [Prior to] the disposition
hearing, the court shall provide the attorney for the child and the
prosecuting attorney with access to all written matter to be considered
by the court in disposition. The court may order counsel not to
reveal items to the child or the child's parent, guardian, or guardian ad
litem if such disclosure would materially harm the treatment and
rehabilitation of the child or would substantially decrease the likelihood
of receiving information from the same or similar sources in the future.
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SECTION 5. Sections 54.04(b)
and (d), Family Code, are amended to read as follows:
(b) At the disposition
hearing, the juvenile court, notwithstanding the Texas Rules of Evidence or
Chapter 37, Code of Criminal Procedure, may consider written reports from
probation officers, professional court employees, or professional
consultants in addition to the testimony of witnesses. On or before the
second day before the date of [Prior to] the disposition
hearing, the court shall provide the attorney for the child and the
prosecuting attorney with access to all written matter to be considered
by the court in disposition. The court may order counsel not to
reveal items to the child or the child's parent, guardian, or guardian ad
litem if such disclosure would materially harm the treatment and
rehabilitation of the child or would substantially decrease the likelihood
of receiving information from the same or similar sources in the future.
(d) If the court or jury
makes the finding specified in Subsection (c) allowing the court to make a
disposition in the case:
(1) the court or jury may,
in addition to any order required or authorized under Section 54.041 or
54.042, place the child on probation on such reasonable and lawful terms as
the court may determine:
(A) in the child's own home
or in the custody of a relative or other fit person; or
(B) subject to the finding
under Subsection (c) on the placement of the child outside the child's
home, in:
(i) a suitable foster home;
(ii) a suitable public or
private residential treatment facility licensed by a state governmental
entity or exempted from licensure by state law, except a facility operated
by the Texas Juvenile Justice Department [Youth Commission]; or
(iii) a suitable public or
private post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the Texas Juvenile Justice Department [Youth Commission];
(2) if the court or jury
found at the conclusion of the adjudication hearing that the child engaged
in delinquent conduct that violates a penal law of this state or the United
States of the grade of felony and if the petition was not approved by the
grand jury under Section 53.045, the court may commit the child to the
Texas Juvenile Justice Department [Youth Commission] without a
determinate sentence;
(3) if the court or jury
found at the conclusion of the adjudication hearing that the child engaged
in delinquent conduct that included a violation of a penal law listed in
Section 53.045(a) and if the petition was approved by the grand jury under
Section 53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department [Youth Commission] with a possible
transfer to the Texas Department of Criminal Justice for a term of:
(A) not more than 40 years
if the conduct constitutes:
(i) a capital felony;
(ii) a felony of the first
degree; or
(iii) an aggravated
controlled substance felony;
(B) not more than 20 years
if the conduct constitutes a felony of the second degree; or
(C) not more than 10 years
if the conduct constitutes a felony of the third degree;
(4) the court may assign the
child an appropriate sanction level and sanctions as provided by the
assignment guidelines in Section 59.003; [or]
(5)
the court may place the child in a suitable nonsecure correctional
facility that is registered and meets the applicable standards for the
facility as provided by Section 51.126; or
(6) if applicable,
the court or jury may make a disposition under Subsection (m).
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SECTION 4. Section 54.0482,
Family Code, is amended.
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SECTION 6. Same as
introduced version.
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SECTION 5. Section 54.05(e),
Family Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 6. Section 54.051,
Family Code, is amended by amending Subsections (b), (e), (e-2), (e-3), and
(i) and adding Subsection (d-1) to read as follows:
(b) The hearing must be
conducted before the person's [child's] 19th birthday, or
before the person's 18th birthday if the offense for which the person was
placed on probation occurred before September 1, 2011, and must be
conducted in the same manner as a hearing to modify disposition under
Section 54.05.
(d-1) After a transfer to
district court under Subsection (d), only the initial
petition, the initial grand jury
approval, the original judgment, and
the transfer order are a part of the district clerk's public record.
All other documents filed in the case must be transferred under seal
and made available only to the judge, prosecution, and defense.
(e) A district court that
exercises jurisdiction over a person [child] transferred
under Subsection (d) shall place the person [child] on
community supervision under Article 42.12, Code of Criminal Procedure, for
the remainder of the person's [child's] probationary period
and under conditions consistent with those ordered by the juvenile court.
(e-2) If a person [child]
who is placed on community supervision under this section violates a
condition of that supervision or if the person [child]
violated a condition of probation ordered under Section 54.04(q) and that
probation violation was not discovered by the state before the person's
[child's] 19th birthday, the district court shall dispose of the
violation of community supervision or probation, as appropriate, in the
same manner as if the court had originally exercised jurisdiction over the
case. If the judge revokes community supervision, the judge may reduce the
prison sentence to any length without regard to the minimum term imposed by
Section 23(a), Article 42.12, Code of Criminal Procedure.
(e-3) The time that a person
[child] serves on probation ordered under Section 54.04(q) is the
same as time served on community supervision ordered under this section for
purposes of determining the person's [child's] eligibility
for early discharge from community supervision under Section 20, Article
42.12, Code of Criminal Procedure.
(i) If the juvenile court
exercises jurisdiction over a person who is 18 or 19 years of age or
older, as applicable, under Section 51.041 or 51.0412, the court or
jury may, if the person is otherwise eligible, place the person on
probation under Section 54.04(q). The juvenile court shall set the
conditions of probation and immediately transfer supervision of the person
to the appropriate court exercising criminal jurisdiction under Subsection
(e).
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SECTION 8. Section 54.051,
Family Code, is amended by amending Subsections (b), (e), (e-2), (e-3), and
(i) and adding Subsection (d-1) to read as follows:
(b) The hearing must be
conducted before the person's [child's] 19th birthday, or
before the person's 18th birthday if the offense for which the person was
placed on probation occurred before September 1, 2011, and must be
conducted in the same manner as a hearing to modify disposition under
Section 54.05.
(d-1) After a transfer to
district court under Subsection (d), only the petition, the grand jury
approval, the judgment concerning the conduct
for which the person was placed on determinate sentence probation,
and the transfer order are a part of the district clerk's public record.
(e) A district court that
exercises jurisdiction over a person [child] transferred
under Subsection (d) shall place the person [child] on
community supervision under Article 42.12, Code of Criminal Procedure, for
the remainder of the person's [child's] probationary period
and under conditions consistent with those ordered by the juvenile court.
(e-2) If a person [child]
who is placed on community supervision under this section violates a
condition of that supervision or if the person [child] violated
a condition of probation ordered under Section 54.04(q) and that probation
violation was not discovered by the state before the person's [child's]
19th birthday, the district court shall dispose of the violation of
community supervision or probation, as appropriate, in the same manner as
if the court had originally exercised jurisdiction over the case. If the
judge revokes community supervision, the judge may reduce the prison
sentence to any length without regard to the minimum term imposed by Section
23(a), Article 42.12, Code of Criminal Procedure.
(e-3) The time that a person
[child] serves on probation ordered under Section 54.04(q) is the
same as time served on community supervision ordered under this section for
purposes of determining the person's [child's] eligibility
for early discharge from community supervision under Section 20, Article
42.12, Code of Criminal Procedure.
(i) If the juvenile court
exercises jurisdiction over a person who is 18 or 19 years of age or
older, as applicable, under Section 51.041 or 51.0412, the court or
jury may, if the person is otherwise eligible, place the person on
probation under Section 54.04(q). The juvenile court shall set the
conditions of probation and immediately transfer supervision of the person
to the appropriate court exercising criminal jurisdiction under Subsection
(e).
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SECTION 7. Sections 54.11(b)
and (d), Family Code, are amended to read as follows:
(b) The court shall notify
the following of the time and place of the hearing:
(1) the person to be
transferred or released under supervision;
(2) the parents of the
person;
(3) any legal custodian of
the person, including the Texas Juvenile Justice Department [Youth
Commission];
(4) the office of the
prosecuting attorney that represented the state in the juvenile delinquency
proceedings;
(5) the victim of the
offense that was included in the delinquent conduct that was a ground for
the disposition, or a member of the victim's family; and
(6) any other person who has
filed a written request with the court to be notified of a release hearing
with respect to the person to be transferred or released under supervision.
(d) At a hearing under this
section the court may consider written reports and supporting documents
from probation officers, professional court employees, professional
consultants, or employees of the Texas Juvenile Justice Department [Youth
Commission], in addition to the testimony of witnesses. On or
before the fifth day [At least one day] before the date of
the hearing, the court shall provide the attorney for the person to be
transferred or released under supervision with access to all written matter
to be considered by the court. All written matter is per se admissible in evidence at the
hearing.
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SECTION 9. Sections 54.11(b)
and (d), Family Code, are amended to read as follows:
(b) The court shall notify
the following of the time and place of the hearing:
(1) the person to be
transferred or released under supervision;
(2) the parents of the
person;
(3) any legal custodian of
the person, including the Texas Juvenile Justice Department [Youth
Commission];
(4) the office of the
prosecuting attorney that represented the state in the juvenile delinquency
proceedings;
(5) the victim of the
offense that was included in the delinquent conduct that was a ground for
the disposition, or a member of the victim's family; and
(6) any other person who has
filed a written request with the court to be notified of a release hearing
with respect to the person to be transferred or released under supervision.
(d) At a hearing under this
section the court may consider written reports and supporting documents
from probation officers, professional court employees, professional
consultants, or employees of the Texas Juvenile Justice Department [Youth
Commission], in addition to the testimony of witnesses. On or
before the fifth day [At least one day] before the date of
the hearing, the court shall provide the attorney for the person to be
transferred or released under supervision with access to all written matter
to be considered by the court. All written matter is admissible in
evidence at the hearing.
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No
equivalent provision.
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SECTION 10. Section
58.007(b), Family Code, is amended to read as follows:
(b) Except as provided by Section
54.051(d-1) and by Article 15.27, Code of Criminal Procedure, the
records and files of a juvenile court, a clerk of court, a juvenile
probation department, or a prosecuting attorney relating to a child who is
a party to a proceeding under this title are open to inspection only by:
(1) the judge, probation
officers, and professional staff or consultants of the juvenile court;
(2) a juvenile justice
agency as that term is defined by Section 58.101;
(3) an attorney for a party
to the proceeding;
(4) a public or private
agency or institution providing supervision of the child by arrangement of
the juvenile court, or having custody of the child under juvenile court
order; or
(5) with leave of the
juvenile court, any other person, agency, or institution having a legitimate
interest in the proceeding or in the work of the court.
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SECTION 8. Section
61.0031(d), Family Code, is amended.
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SECTION 11. Same as
introduced version.
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SECTION 9. Section
221.003(c), Human Resources Code, is amended.
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SECTION 12. Same as introduced
version.
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No
equivalent provision.
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SECTION 13. Section
222.003(a), Human Resources Code, is amended to read as follows:
(a) The board by rule shall
adopt certification standards for persons who are employed in nonsecure
correctional facilities that accept [only] juveniles [who are on
probation] and that are operated by or under contract with a
governmental unit, as defined by Section 101.001, Civil Practice and
Remedies Code.
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SECTION 10. (a) Sections
54.02(s) and 54.051(d-1), Family Code, as added by this Act, apply to a transfer hearing commenced under Section
54.02 or 54.051, Family Code, as applicable, on or after the effective date
of this Act. A transfer hearing commenced before the effective date of
this Act is governed by the law in effect on the date the hearing was
commenced, and the former law is continued in effect for that purpose.
(b) Sections 54.04(b),
54.05(e), and 54.11(d), Family Code, as amended by this Act, apply only to
conduct that occurs on or after the effective date of this Act. Conduct
that occurs before the effective date of this Act is covered by the law in
effect at the time the conduct occurred, and the former law is continued in
effect for that purpose. For the purposes of this section, conduct occurs
before the effective date of this Act if any element of the conduct
occurred before that date.
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SECTION 14. (a) Sections
54.02(s) and 54.051(d-1), Family Code, as added by this Act, and Section 58.007(b), Family Code, as amended by
this Act, apply to a record created before, on, or after the effective date
of this Act.
(b) Sections 54.04(b),
54.05(e), and 54.11(d), Family Code, as amended by this Act, apply only to
conduct that occurs on or after the effective date of this Act. Conduct
that occurs before the effective date of this Act is covered by the law in
effect at the time the conduct occurred, and the former law is continued in
effect for that purpose. For the purposes of this section, conduct occurs
before the effective date of this Act if any element of the conduct
occurred before that date.
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SECTION 11. This Act takes
effect September 1, 2013.
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SECTION 15. Same as
introduced version.
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