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AN ACT
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relating to procedures related to juvenile cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN |
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ADULT [CHILD]. (a) Notwithstanding the order of a juvenile court |
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to detain a person under the age of 17 who has been certified to |
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stand trial as an adult [child] in a certified juvenile detention |
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facility under Section 54.02(h), Family Code, the judge of the |
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criminal court having jurisdiction over the person [child] may |
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order the person [child] to be transferred to an adult [another] |
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facility [and treated as an adult as provided by this code]. A |
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child who is transferred to an adult facility must be detained under |
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conditions meeting the requirements of Section 51.12, Family Code. |
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(b) On the 17th birthday of a person described by Subsection |
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(a) who is detained in a certified juvenile detention facility |
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under Section 54.02(h), Family Code, the judge of the criminal |
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court having jurisdiction over the person shall order the person to |
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be transferred to an adult facility. |
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SECTION 2. Article 24.011, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (d-1) to |
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read as follows: |
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(c) If the witness is in a placement in the custody of the |
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Texas Juvenile Justice Department [Youth Commission], a juvenile |
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secure detention facility, or a juvenile secure correctional |
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facility, the court may issue a bench warrant or direct that an |
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attachment issue to require a peace officer or probation officer to |
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secure custody of the person at the placement and produce the person |
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in court. When the person is no longer needed as a witness or the |
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period prescribed by Subsection (d-1) has expired without |
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extension, the court shall order the peace officer or probation |
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officer to return the person to the placement from which the person |
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was released. |
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(d-1) A witness younger than 17 years of age held in custody |
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under this article may be placed in a certified juvenile detention |
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facility for a period not to exceed 30 days. The length of |
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placement may be extended in increments of 30 days by the court that |
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issued the original bench warrant. If the placement is not |
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extended, the period under this article expires and the witness may |
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be returned as provided by Subsection (c). |
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SECTION 3. Article 45.0216(f), Code of Criminal Procedure, |
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is amended to read as follows: |
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(f) The court shall order the conviction, together with all |
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complaints, verdicts, sentences, and prosecutorial and law |
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enforcement records, and any other documents relating to the |
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offense, expunged from the person's record if the court finds that: |
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(1) for a person applying for the expunction of a |
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conviction for an offense described by Section 8.07(a)(4) or (5), |
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Penal Code, the person was not convicted of any other offense |
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described by Section 8.07(a)(4) or (5), Penal Code, while the |
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person was a child; and |
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(2) for a person applying for the expunction of a |
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conviction for an offense described by Section 43.261, Penal Code, |
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the person was not found to have engaged in conduct indicating a |
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need for supervision described by Section 51.03(b)(8) |
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[51.03(b)(7)], Family Code, while the person was a child. |
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SECTION 4. Articles 62.352(b) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) After a hearing under Article 62.351 or under a plea |
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agreement described by Article 62.355(b), the juvenile court may |
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enter an order: |
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(1) deferring decision on requiring registration |
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under this chapter until the respondent has completed treatment for |
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the respondent's sexual offense as a condition of probation or |
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while committed to the Texas Juvenile Justice Department [Youth
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Commission]; or |
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(2) requiring the respondent to register as a sex |
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offender but providing that the registration information is not |
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public information and is restricted to use by law enforcement and |
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criminal justice agencies, the Council on Sex Offender Treatment, |
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and public or private institutions of higher education. |
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(c) If the court enters an order described by Subsection |
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(b)(1), the court retains discretion and jurisdiction to require, |
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or exempt the respondent from, registration under this chapter at |
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any time during the treatment or on the successful or unsuccessful |
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completion of treatment, except that during the period of deferral, |
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registration may not be required. Following successful completion |
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of treatment, the respondent is exempted from registration under |
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this chapter unless a hearing under this subchapter is held on |
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motion of the prosecuting attorney [state], regardless of whether |
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the respondent is 18 years of age or older, and the court determines |
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the interests of the public require registration. Not later than |
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the 10th day after the date of the respondent's successful |
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completion of treatment, the treatment provider shall notify the |
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juvenile court and prosecuting attorney of the completion. |
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SECTION 5. Section 51.02(8-a), Family Code, is amended to |
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read as follows: |
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(8-a) "Nonsecure correctional facility" means a |
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facility described by Section 51.126[, other than a secure
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correctional facility, that accepts only juveniles who are on
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probation and that is operated by or under contract with a
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governmental unit, as defined by Section 101.001, Civil Practice
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and Remedies Code]. |
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SECTION 6. Section 51.03(b), Family Code, as amended by |
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Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and 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, Health and Safety |
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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; |
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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; [or] |
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(7) notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(a)(1) or (2), Penal Code; or |
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(8) notwithstanding Subsection (a)(1), [(7)] conduct |
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that violates Section 43.261, Penal Code. |
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SECTION 7. 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 PROCEEDINGS. |
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The court retains jurisdiction over a person, without regard to the |
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age of the person, who is a respondent in an adjudication |
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proceeding, a disposition proceeding, a proceeding to modify |
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disposition, a proceeding for waiver of jurisdiction and transfer |
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to criminal court under Section 54.02(a), or a motion for transfer |
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of determinate sentence probation to an appropriate district court |
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if: |
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(1) the petition or motion [to modify] was filed while |
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the respondent was younger than 18 [years of age] or [the motion for
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transfer was filed while the respondent was younger than] 19 years |
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of age, as applicable; |
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(2) the proceeding is not complete before the |
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respondent becomes 18 or 19 years of age, as applicable; 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 or 19 years |
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of age, as applicable. |
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SECTION 8. Section 51.07, Family Code, is amended to read as |
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follows: |
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Sec. 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION. |
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(a) When a child has been found to have engaged in delinquent |
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conduct or conduct indicating a need for supervision under Section |
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54.03, the juvenile court may transfer the case and transcripts of |
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records and documents to the juvenile court of the county where the |
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child resides for disposition of the case under Section 54.04. |
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Consent by the court of the county where the child resides is not |
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required. |
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(b) For purposes of Subsection (a), while a child is the |
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subject of a suit under Title 5, the child is considered to reside |
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in the county in which the court of continuing exclusive |
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jurisdiction over the child is located. |
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SECTION 9. Section 51.072, Family Code, is amended by |
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amending Subsection (f) and adding Subsections (f-2), (j-1), and |
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(j-2) to read as follows: |
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(f) Not later than 10 business days after a receiving county |
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has agreed to provide interim supervision of a child, the juvenile |
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probation department of the sending county shall provide the |
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juvenile probation department of the receiving county with a copy |
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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 Justice Department [Probation
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Commission] standard 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; and |
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(19) if applicable, documentation that the sending |
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county has required the child to provide a DNA sample to the |
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Department of Public Safety under Section 54.0405 or 54.0409 or |
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under Subchapter G, Chapter 411, Government Code. |
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(f-2) On initiating a transfer of probation supervision |
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under this section, for a child ordered to submit a DNA sample as a |
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condition of probation, the sending county shall provide to the |
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receiving county documentation of compliance with the requirements |
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of Section 54.0405 or 54.0409 or of Subchapter G, Chapter 411, |
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Government Code, as applicable. If the sending county has not |
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provided the documentation required under this section within the |
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time provided by Subsection (f), the receiving county may refuse to |
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accept interim supervision until the sending county has provided |
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the documentation. |
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(j-1) Notwithstanding Subsection (j), the sending county |
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may request interim supervision from the receiving county that |
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issued a directive under Subsection (i)(2). Following the |
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conclusion of any judicial proceedings in the sending county or on |
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the completion of any residential placement ordered by the juvenile |
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court of the sending county, the sending and receiving counties may |
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mutually agree to return the child to the receiving county. The |
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sending and receiving counties may take into consideration whether: |
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(1) the person having legal custody of the child |
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resides in the receiving county; |
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(2) the child has been ordered by the juvenile court of |
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the sending county to reside with a parent, guardian, or other |
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person who resides in the sending county or any other county; and |
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(3) the case meets the statutory requirements for |
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collaborative supervision. |
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(j-2) The period of interim supervision under Subsection |
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(j-1) may not exceed the period under Subsection (m). |
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SECTION 10. Section 51.12, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (j-1) to read as |
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follows: |
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(a) Except as provided by Subsection (h), a child may be |
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detained only in a: |
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(1) juvenile processing office in compliance with |
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Section 52.025; |
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(2) place of nonsecure custody in compliance with |
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Article 45.058, Code of Criminal Procedure; |
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(3) certified juvenile detention facility that |
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complies with the requirements of Subsection (f); |
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(4) secure detention facility as provided by |
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Subsection (j); [or] |
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(5) county jail or other facility as provided by |
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Subsection (l); or |
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(6) nonsecure correctional facility as provided by |
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Subsection (j-1). |
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(j-1) After being taken into custody, a child may be |
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detained in a nonsecure correctional facility until the child is |
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released under Section 53.01, 53.012, or 53.02 or until a detention |
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hearing is held under Section 54.01(a), if: |
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(1) the nonsecure correctional facility has been |
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appropriately registered and certified; |
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(2) a certified secure detention facility is not |
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available in the county in which the child is taken into custody; |
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(3) the nonsecure correctional facility complies with |
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the short-term detention standards adopted by the Texas Juvenile |
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Justice Department; and |
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(4) the nonsecure correctional facility has been |
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designated by the county juvenile board for the county in which the |
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facility is located. |
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SECTION 11. Sections 51.13(d) and (e), Family Code, are |
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amended to read as follows: |
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(d) An adjudication under Section 54.03 that a child engaged |
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in conduct that occurred on or after January 1, 1996, and that |
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constitutes a felony offense resulting in commitment to the Texas |
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Juvenile Justice Department [Youth Commission] under Section |
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54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony |
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conviction only for the purposes of Sections 12.42(a), (b), and |
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(c)(1), [and (e),] Penal Code. |
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(e) A finding that a child engaged in conduct indicating a |
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need for supervision as described by Section 51.03(b)(8) |
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[51.03(b)(7)] is a conviction only for the purposes of Sections |
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43.261(c) and (d), Penal Code. |
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SECTION 12. Section 51.17(c), Family Code, is amended to |
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read as follows: |
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(c) Except as otherwise provided by this title, the Texas |
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Rules of Evidence applicable [apply] 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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SECTION 13. Section 52.0151, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) If a witness is in a placement in the custody of the |
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Texas Juvenile Justice Department [Youth Commission], a juvenile |
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secure detention facility, or a juvenile secure correctional |
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facility, the court may issue a bench warrant or direct that an |
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attachment issue to require a peace officer or probation officer to |
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secure custody of the person at the placement and produce the person |
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in court. Once the person is no longer needed as a witness or the |
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period prescribed by Subsection (c) has expired without extension, |
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the court shall order the peace officer or probation officer to |
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return the person to the placement from which the person was |
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released. |
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(c) A witness held in custody under this section may be |
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placed in a certified juvenile detention facility for a period not |
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to exceed 30 days. The length of placement may be extended in |
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30-day increments by the court that issued the original bench |
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warrant. If the placement is not extended, the period under this |
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section expires and the witness may be returned as provided by |
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Subsection (a). |
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SECTION 14. The heading to Section 53.045, Family Code, is |
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amended to read as follows: |
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Sec. 53.045. OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE |
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[VIOLENT OR HABITUAL OFFENDERS]. |
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SECTION 15. Section 54.011(e), Family Code, is amended to |
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read as follows: |
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(e) A status offender may be detained for a necessary |
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period, not to exceed the period allowed under the Interstate |
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Compact for Juveniles [five days], to enable the child's return to |
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the child's home in another state under Chapter 60. |
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SECTION 16. Section 54.02, Family Code, is amended by |
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adding Subsections (h-1) and (s) and amending Subsections (k) and |
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(l) to read as follows: |
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(h-1) If the juvenile court orders a person detained in a |
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certified juvenile detention facility under Subsection (h), the |
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juvenile court shall set or deny bond for the person as required by |
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the Code of Criminal Procedure and other law applicable to the |
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pretrial detention of adults accused of criminal offenses. |
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(k) The petition and notice requirements of Sections 53.04, |
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53.05, 53.06, and 53.07 of this code must be satisfied, and the |
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summons must state that the hearing is for the purpose of |
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considering waiver of jurisdiction under Subsection (j) [of this
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section]. The person's parent, custodian, guardian, or guardian ad |
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litem is not considered a party to a proceeding under Subsection (j) |
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and it is not necessary to provide the parent, custodian, guardian, |
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or guardian ad litem with notice. |
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(l) The juvenile court shall conduct a hearing without a |
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jury to consider waiver of jurisdiction under Subsection (j) [of
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this section]. Except as otherwise provided by this subsection, a |
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waiver of jurisdiction under Subsection (j) may be made without the |
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necessity of conducting the diagnostic study or complying with the |
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requirements of discretionary transfer proceedings under |
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Subsection (d). If requested by the attorney for the person at |
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least 10 days before the transfer hearing, the court shall order |
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that the person be examined pursuant to Section 51.20(a) and that |
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the results of the examination be provided to the attorney for the |
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person and the attorney for the state at least five days before the |
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transfer hearing. |
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(s) If a child is transferred to criminal court under this |
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section, only the petition for discretionary transfer, the order of |
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transfer, and the order of commitment, if any, are a part of the |
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district clerk's public record. |
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SECTION 17. Sections 54.04(b) and (d), Family Code, are |
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amended to read as follows: |
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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. On or |
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before the second day before the date of [Prior to] the disposition |
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hearing, the court shall provide the attorney for the child and the |
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prosecuting attorney with access to all written matter to be |
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considered by the court in disposition. The court may order |
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counsel not to reveal items to the child or the child's parent, |
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guardian, or guardian ad litem if such disclosure would materially |
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harm the treatment and rehabilitation of the child or would |
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substantially decrease the likelihood of receiving information |
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from the same or similar sources in the 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; |
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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, except a facility |
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operated by the Texas Juvenile Justice Department [Youth
|
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Commission]; 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 Juvenile Justice Department [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 and if the petition was not approved by the grand |
|
jury under Section 53.045, the court may commit the child to the |
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Texas Juvenile Justice Department [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 Juvenile Justice Department [Youth Commission] with a |
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possible transfer to the Texas Department of Criminal Justice for a |
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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) the court may place the child in a suitable |
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nonsecure correctional facility that is registered and meets the |
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applicable standards for the facility as provided by Section |
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51.126; or |
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(6) if applicable, the court or jury may make a |
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disposition under Subsection (m). |
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SECTION 18. Section 54.0404(a), Family Code, is amended to |
|
read as follows: |
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(a) If a child is found to have engaged in conduct |
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indicating a need for supervision described by Section 51.03(b)(8) |
|
[51.03(b)(7)], the juvenile court may enter an order requiring the |
|
child to attend and successfully complete an educational program |
|
described by Section 37.218, Education Code, or another equivalent |
|
educational program. |
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SECTION 19. Section 54.0482, Family Code, is amended by |
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amending Subsections (a), (e), and (f) and adding Subsection (b-1) |
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to read as follows: |
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(a) A juvenile probation department that receives a payment |
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to a victim as the result of a juvenile court order for restitution |
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shall immediately: |
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(1) deposit the payment in an interest-bearing account |
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in the county treasury; and |
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(2) notify the victim [by certified mail, sent to the
|
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last known address of the victim,] that a payment has been received. |
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(b-1) If the victim does not make a claim for payment on or |
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before the 30th day after the date of being notified under |
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Subsection (a), the juvenile probation department shall notify the |
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victim by certified mail, sent to the last known address of the |
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victim, that a payment has been received. |
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(e) If a victim claims a payment on or before the fifth |
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anniversary of the date on which the juvenile probation department |
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mailed a notice to the victim under Subsection (b-1) [(a)], the |
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juvenile probation department shall pay the victim the amount of |
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the original payment, less any interest earned while holding the |
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payment. |
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(f) If a victim does not claim a payment on or before the |
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fifth anniversary of the date on which the juvenile probation |
|
department mailed a notice to the victim under Subsection (b-1) |
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[(a)], the department: |
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(1) has no liability to the victim or anyone else in |
|
relation to the payment; and |
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(2) shall transfer the payment from the |
|
interest-bearing account to a special fund of the county treasury, |
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the unclaimed juvenile restitution fund. |
|
SECTION 20. Section 54.05(e), Family Code, is amended to |
|
read as follows: |
|
(e) After the hearing on the merits or facts, the court may |
|
consider written reports from probation officers, professional |
|
court employees, or professional consultants in addition to the |
|
testimony of other witnesses. On or before the second day before |
|
the date of [Prior to] the hearing to modify disposition, 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 deciding whether to modify disposition. The court may |
|
order counsel not to reveal items to the child or his 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. |
|
SECTION 21. 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). |
|
SECTION 22. 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. |
|
SECTION 23. The heading to Section 56.03, Family Code, is |
|
amended to read as follows: |
|
Sec. 56.03. APPEAL BY STATE IN CASES OF OFFENSES ELIGIBLE |
|
FOR DETERMINATE SENTENCE [VIOLENT OR HABITUAL OFFENDER]. |
|
SECTION 24. Section 58.003(c-3), Family Code, as added by |
|
Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular |
|
Session, 2011, is redesignated as Section 58.003(c-5), Family Code, |
|
to read as follows: |
|
(c-5) [(c-3)] Notwithstanding Subsections (a) and (c) and |
|
subject to Subsection (b), a juvenile court may order the sealing of |
|
records concerning a child found to have engaged in conduct |
|
indicating a need for supervision that violates Section 43.261, |
|
Penal Code, or taken into custody to determine whether the child |
|
engaged in conduct indicating a need for supervision that violates |
|
Section 43.261, Penal Code, if the child attends and successfully |
|
completes an educational program described by Section 37.218, |
|
Education Code, or another equivalent educational program. The |
|
court may: |
|
(1) order the sealing of the records immediately and |
|
without a hearing; or |
|
(2) hold a hearing to determine whether to seal the |
|
records. |
|
SECTION 25. Section 58.003(c-4), Family Code, as added by |
|
Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular |
|
Session, 2011, is redesignated as Section 58.003(c-6), Family Code, |
|
and amended to read as follows: |
|
(c-6) [(c-4)] A prosecuting attorney or juvenile probation |
|
department may maintain until a child's 17th birthday a separate |
|
record of the child's name and date of birth and the date on which |
|
the child successfully completed the educational program, if the |
|
child's records are sealed under Subsection (c-5) [(c-3)]. The |
|
prosecuting attorney or juvenile probation department, as |
|
applicable, shall send the record to the court as soon as |
|
practicable after the child's 17th birthday to be added to the |
|
child's other sealed records. |
|
SECTION 26. Section 58.003(d), Family Code, as amended by |
|
Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(d) The court may grant to a child the relief authorized in |
|
Subsection (a), (c-1), [or] (c-3), or (c-5) at any time after final |
|
discharge of the child or after the last official action in the case |
|
if there was no adjudication, subject, if applicable, to Subsection |
|
(e). If the child is referred to the juvenile court for conduct |
|
constituting any offense and at the adjudication hearing the child |
|
is found to be not guilty of each offense alleged, the court shall |
|
immediately and without any additional hearing order the sealing of |
|
all files and records relating to the case. |
|
SECTION 27. Section 58.003(g-1), Family Code, is amended to |
|
read as follows: |
|
(g-1) Statistical data [Any records] collected or |
|
maintained by the Texas Juvenile Justice Department, including |
|
statistical data submitted under Section 221.007, Human Resources |
|
Code, is [are] not subject to a sealing order issued under this |
|
section. |
|
SECTION 28. 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. |
|
SECTION 29. Section 58.203(a), Family Code, is amended to |
|
read as follows: |
|
(a) The department shall certify to the juvenile probation |
|
department to which a referral was made that resulted in |
|
information being submitted to the juvenile justice information |
|
system that the records relating to a person's juvenile case are |
|
subject to automatic restriction of access if: |
|
(1) the person is at least 17 years of age; |
|
(2) the juvenile case did not include [violent or
|
|
habitual felony] conduct resulting in determinate sentence |
|
proceedings in the juvenile court under Section 53.045; and |
|
(3) the juvenile case was not certified for trial in |
|
criminal court under Section 54.02. |
|
SECTION 30. Section 58.204(b), Family Code, is amended to |
|
read as follows: |
|
(b) On certification of records in a case under Section |
|
58.203, the department may permit access to the information in the |
|
juvenile justice information system relating to the case of an |
|
individual only: |
|
(1) by a criminal justice agency for a criminal |
|
justice purpose, as those terms are defined by Section 411.082, |
|
Government Code; [or] |
|
(2) for research purposes, by the Texas Juvenile |
|
Justice Department; |
|
(3) by the person who is the subject of the records on |
|
an order from the juvenile court granting the petition filed by or |
|
on behalf of the person who is the subject of the records; |
|
(4) with the permission of the juvenile court at the |
|
request of the person who is the subject of the records; or |
|
(5) with the permission of the juvenile court, by a |
|
party to a civil suit if the person who is the subject of the records |
|
has put facts relating to the person's records at issue in the suit |
|
[Probation Commission, the Texas Youth Commission, or the Criminal
|
|
Justice Policy Council]. |
|
SECTION 31. Section 58.207, Family Code, is amended to read |
|
as follows: |
|
Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. |
|
(a) On certification of records in a case under Section 58.203, |
|
the juvenile court shall order: |
|
(1) that the following records relating to the case |
|
may be accessed only as provided by Section 58.204(b): |
|
(A) if the respondent was committed to the Texas |
|
Juvenile Justice Department [Youth Commission], records maintained |
|
by the department [commission]; |
|
(B) records maintained by the juvenile probation |
|
department; |
|
(C) records maintained by the clerk of the court; |
|
(D) records maintained by the prosecutor's |
|
office; and |
|
(E) records maintained by a law enforcement |
|
agency; and |
|
(2) the juvenile probation department to make a |
|
reasonable effort to notify the person who is the subject of records |
|
for which access has been restricted of the action restricting |
|
access and the legal significance of the action for the person, but |
|
only if the person has requested the notification in writing and has |
|
provided the juvenile probation department with a current address. |
|
(b) Except as provided by Subsection (c), on [On] receipt of |
|
an order under Subsection (a)(1), the agency maintaining the |
|
records: |
|
(1) may allow access only as provided by Section |
|
58.204(b); and |
|
(2) shall respond to a request for information about |
|
the records by stating that the records do not exist. |
|
(c) Subsection (b) does not apply if: |
|
(1) the subject of an order issued under Subsection |
|
(a)(1) is under the jurisdiction of the juvenile court or the Texas |
|
Juvenile Justice Department; or |
|
(2) the agency has received notice that the records |
|
are not subject to restricted access under Section 58.211. |
|
(d) Notwithstanding Subsection (b) and Section 58.206(b), |
|
with the permission of the subject of the records, an agency listed |
|
in Subsection (a)(1) may permit the state military forces or the |
|
United States military forces to have access to juvenile records |
|
held by that agency. On receipt of a request from the state |
|
military forces or the United States military forces, an agency may |
|
provide access to juvenile records held by that agency in the same |
|
manner authorized by law for records that have not been restricted |
|
under Subsection (a). |
|
SECTION 32. Section 58.209, Family Code, is amended to read |
|
as follows: |
|
Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR |
|
TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH COMMISSION]. (a) When a |
|
child is placed on probation for an offense that may be eligible for |
|
automatic restricted access at age 17 or when a child is received by |
|
the Texas Juvenile Justice Department [Youth Commission] on an |
|
indeterminate commitment, a probation officer or an official at the |
|
Texas Juvenile Justice Department [Youth Commission] reception |
|
center, as soon as practicable, shall explain the substance of the |
|
following information to the child: |
|
(1) if the child was adjudicated as having committed |
|
delinquent conduct for a felony or jailable misdemeanor, that the |
|
child probably has a juvenile record with the department and the |
|
Federal Bureau of Investigation; |
|
(2) that the child's juvenile record is a permanent |
|
record that is not destroyed or erased unless the record is eligible |
|
for sealing and the child or the child's family hires a lawyer and |
|
files a petition in court to have the record sealed; |
|
(3) that the child's juvenile record, other than |
|
treatment records made confidential by law, can be accessed by |
|
police, sheriff's officers, prosecutors, probation officers, |
|
correctional officers, and other criminal and juvenile justice |
|
officials in this state and elsewhere; |
|
(4) that the child's juvenile record, other than |
|
treatment records made confidential by law, can be accessed by |
|
employers, educational institutions, licensing agencies, and other |
|
organizations when the child applies for employment or educational |
|
programs; |
|
(5) if the child's juvenile record is placed on |
|
restricted access when the child becomes 17 years of age, that |
|
access will be denied to employers, educational institutions, and |
|
others except for criminal justice agencies; [and] |
|
(6) that restricted access does not require any action |
|
by the child or the child's family, including the filing of a |
|
petition or hiring of a lawyer, but occurs automatically at age 17; |
|
and |
|
(7) that if the child is under the jurisdiction of the |
|
juvenile court or the Texas Juvenile Justice Department on or after |
|
the child's 17th birthday, the law regarding restricted access will |
|
not apply until the person is discharged from the jurisdiction of |
|
the court or department, as appropriate. |
|
(b) The probation officer or Texas Juvenile Justice |
|
Department [Youth Commission] official shall: |
|
(1) give the child a written copy of the explanation |
|
provided; and |
|
(2) communicate the same information to at least one |
|
of the child's parents or, if none can be found, to the child's |
|
guardian or custodian. |
|
(c) The Texas Juvenile Justice Department [Probation
|
|
Commission and the Texas Youth Commission] shall adopt rules to |
|
implement this section and to facilitate the effective explanation |
|
of the information required to be communicated by this section. |
|
SECTION 33. Section 61.0031(d), Family Code, is amended to |
|
read as follows: |
|
(d) The juvenile court to which the order has been |
|
transferred shall require the parent or other eligible person to |
|
appear before the court to notify the person of the existence and |
|
terms of the order, unless the permanent supervision hearing under |
|
Section 51.073(c) has been waived. Failure to do so renders the |
|
order unenforceable. |
|
SECTION 34. Section 23.101(a), Government Code, is amended |
|
to read as follows: |
|
(a) The trial courts of this state shall regularly and |
|
frequently set hearings and trials of pending matters, giving |
|
preference to hearings and trials of the following: |
|
(1) temporary injunctions; |
|
(2) criminal actions, with the following actions given |
|
preference over other criminal actions: |
|
(A) criminal actions against defendants who are |
|
detained in jail pending trial; |
|
(B) criminal actions involving a charge that a |
|
person committed an act of family violence, as defined by Section |
|
71.004, Family Code; |
|
(C) an offense under: |
|
(i) Section 21.02 or 21.11, Penal Code; |
|
(ii) Chapter 22, Penal Code, if the victim |
|
of the alleged offense is younger than 17 years of age; |
|
(iii) Section 25.02, Penal Code, if the |
|
victim of the alleged offense is younger than 17 years of age; |
|
(iv) Section 25.06, Penal Code; |
|
(v) Section 43.25, Penal Code; or |
|
(vi) Section 20A.03, Penal Code; |
|
(D) an offense described by Article 62.001(6)(C) |
|
or (D), Code of Criminal Procedure; and |
|
(E) criminal actions against persons [children] |
|
who are detained as provided by Section 51.12, Family Code, after |
|
transfer for prosecution in criminal court under Section 54.02, |
|
Family Code; |
|
(3) election contests and suits under the Election |
|
Code; |
|
(4) orders for the protection of the family under |
|
Subtitle B, Title 4, Family Code; |
|
(5) appeals of final rulings and decisions of the |
|
division of workers' compensation of the Texas Department of |
|
Insurance regarding workers' compensation claims and claims under |
|
the Federal Employers' Liability Act and the Jones Act; |
|
(6) appeals of final orders of the commissioner of the |
|
General Land Office under Section 51.3021, Natural Resources Code; |
|
(7) actions in which the claimant has been diagnosed |
|
with malignant mesothelioma, other malignant asbestos-related |
|
cancer, malignant silica-related cancer, or acute silicosis; and |
|
(8) appeals brought under Section 42.01 or 42.015, Tax |
|
Code, of orders of appraisal review boards of appraisal districts |
|
established for counties with a population of less than 175,000. |
|
SECTION 35. Chapter 203, Human Resources Code, is amended |
|
by adding Section 203.016 to read as follows: |
|
Sec. 203.016. DATA REGARDING PLACEMENT IN DISCIPLINARY |
|
SECLUSION. (a) In this section: |
|
(1) "Disciplinary seclusion" means the separation of a |
|
resident from other residents for disciplinary reasons and the |
|
placement of the resident alone in an |
|
area from which egress is |
|
prevented for more than 90 minutes. |
|
(2) "Juvenile facility" means a facility that serves |
|
juveniles under juvenile court jurisdiction and that is operated as |
|
a pre-adjudication secure detention facility, a short-term |
|
detention facility, or a post-adjudication secure correctional |
|
facility. |
|
(b) The department shall collect the following data during |
|
the annual registration of juvenile facilities and make the data |
|
publicly available: |
|
(1) the number of placements in disciplinary seclusion |
|
lasting at least 90 minutes but less than 24 hours; |
|
(2) the number of placements in disciplinary seclusion |
|
lasting 24 hours or more but less than 48 hours; and |
|
(3) the number of placements in disciplinary seclusion |
|
lasting 48 hours or more. |
|
SECTION 36. Section 221.003(c), Human Resources Code, is |
|
amended to read as follows: |
|
(c) Any statement made by a child and any mental health data |
|
obtained from the child during the administration of the mental |
|
health screening instrument or the initial risk and needs |
|
assessment instruments under this section is not admissible against |
|
the child at any adjudication [other] hearing. The person |
|
administering the mental health screening instrument or initial |
|
risk and needs assessment instruments shall inform the child that |
|
any statement made by the child and any mental health data obtained |
|
from the child during the administration of the instrument is not |
|
admissible against the child at any adjudication [other] hearing. |
|
SECTION 37. 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. |
|
SECTION 38. Section 243.005, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 243.005. INFORMATION PROVIDED BY COMMITTING COURT. In |
|
addition to the information provided under Section 243.004, a court |
|
that commits a child to the department shall provide the department |
|
with a copy of the following documents: |
|
(1) the petition and the adjudication and disposition |
|
orders for the child, including the child's thumbprint; |
|
(2) if the commitment is a result of revocation of |
|
probation, a copy of the conditions of probation and the revocation |
|
order; |
|
(3) the social history report for the child; |
|
(4) any psychological or psychiatric reports |
|
concerning the child; |
|
(5) the contact information sheet for the child's |
|
parents or guardian; |
|
(6) any law enforcement incident reports concerning |
|
the offense for which the child is committed; |
|
(7) any sex offender registration information |
|
concerning the child; |
|
(8) any juvenile probation department progress |
|
reports concerning the child; |
|
(9) any assessment documents concerning the child; |
|
(10) the computerized referral and case history for |
|
the child, including case disposition; |
|
(11) the child's birth certificate; |
|
(12) the child's social security number or social |
|
security card, if available; |
|
(13) the name, address, and telephone number of the |
|
court administrator in the committing county; |
|
(14) Title IV-E eligibility screening information for |
|
the child, if available; |
|
(15) the address in the committing county for |
|
forwarding funds collected to which the committing county is |
|
entitled; |
|
(16) any of the child's school or immunization records |
|
that the committing county possesses; |
|
(17) any victim information concerning the case for |
|
which the child is committed; [and] |
|
(18) any of the child's pertinent medical records that |
|
the committing court possesses; |
|
(19) the Texas Juvenile Justice Department standard |
|
assessment tool results for the child; |
|
(20) the Department of Public Safety CR-43J form or |
|
tracking incident number concerning the child; and |
|
(21) documentation that the committing court has |
|
required the child to provide a DNA sample to the Department of |
|
Public Safety. |
|
SECTION 39. The heading to Section 244.014, Human Resources |
|
Code, is amended to read as follows: |
|
Sec. 244.014. REFERRAL OF DETERMINATE SENTENCE [VIOLENT AND
|
|
HABITUAL] OFFENDERS FOR TRANSFER. |
|
SECTION 40. (a) Article 4.19, Code of Criminal Procedure, |
|
and Section 51.07, Family Code, as amended by this Act, apply to a |
|
juvenile case transfer that occurs on or after the effective date of |
|
this Act, regardless of whether the delinquent conduct or conduct |
|
indicating a need for supervision that is the basis of the case |
|
occurred before, on, or after the effective date of this Act. |
|
(b) Article 24.011, Code of Criminal Procedure, and Section |
|
52.0151, Family Code, as amended by this Act, apply to the detention |
|
of a witness that occurs on or after the effective date of this Act, |
|
regardless of whether any prior event connected to the proceeding, |
|
action, or decision occurred before the effective date of this Act. |
|
(c) Section 51.072, Family Code, as amended by this Act, |
|
applies to a request for interim supervision that is initiated on or |
|
after the effective date of this Act, regardless of whether the |
|
child was placed on probation before, on, or after the effective |
|
date of this Act. |
|
(d) 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. |
|
(e) 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. |
|
(f) Section 243.005, Human Resources Code, as amended by |
|
this Act, applies to a child who is committed to the Texas Juvenile |
|
Justice Department on or after the effective date of this Act, |
|
regardless of whether the delinquent conduct or conduct indicating |
|
a need for supervision for which the child was committed occurred |
|
before, on, or after the effective date of this Act. |
|
SECTION 41. To the extent of any conflict, this Act prevails |
|
over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 42. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2862 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2862 on May 24, 2013, by the following vote: Yeas 146, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2862 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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Governor |