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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Juvenile Court Jurisdiction Task |
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Force. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. JUVENILE COURT JURISDICTION TASK FORCE. (a) In |
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this Act: |
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(1) "Juvenile" means a person subject to the |
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jurisdiction of a juvenile court for acts committed when the person |
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was younger than 17 years of age. |
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(2) "Adult" means a person 17 years of age or older. |
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(3) "Task force" means the Juvenile Court Jurisdiction |
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Task Force established under this section. |
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(b) The Juvenile Court Jurisdiction Task Force is |
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established. The purpose of the task force is to: |
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(1) evaluate a proposal to define a person who is 17 |
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years of age and commits an offense as a child under the Family Code |
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to include the person under the jurisdiction of a juvenile court; |
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and |
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(2) develop an implementation plan that includes |
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legislative, administrative, and funding changes necessary to |
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adopt the proposal. |
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(c) The task force is composed of the following 25 members: |
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(1) the chief justice of the supreme court or the chief |
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justice's designee; |
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(2) the presiding judge of the court of criminal |
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appeals or the presiding judge's designee; |
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(3) the executive director of the Texas Department of |
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Criminal Justice or the executive director's designee; |
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(4) the executive director of the Texas Juvenile |
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Justice Department or the executive director's designee; |
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(5) the executive director of the Commission on Jail |
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Standards or the executive director's designee; |
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(6) the public safety director of the Department of |
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Public Safety or the director's designee; |
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(7) the independent ombudsman of the Texas Juvenile |
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Justice Department or the independent ombudsman's designee; |
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(8) one representative of the Legislative Budget Board |
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with expertise in criminal justice population projections and |
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budget issues, appointed by the director of the Legislative Budget |
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Board; |
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(9) one prosecutor with expertise in prosecuting |
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juvenile offenders, appointed by the governor; |
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(10) one criminal defense lawyer, appointed by the |
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governor; |
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(11) one current or former juvenile court judge, |
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appointed by the chief justice of the supreme court; |
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(12) one current or former criminal court judge |
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appointed by the presiding judge of the court of criminal appeals; |
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(13) one school administrator, appointed by the |
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governor; |
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(14) one chief juvenile probation officer from an |
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urban county and one chief juvenile probation officer from a rural |
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county, appointed by the governor; |
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(15) one chief adult probation officer, appointed by |
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the governor; |
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(16) one police chief, appointed by the governor; |
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(17) one person with expertise in brain development or |
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adolescent mental health, appointed by the governor; |
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(18) one person who was adjudicated for a juvenile |
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offense in Texas, appointed by the governor; |
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(19) three members of the house of representatives, |
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appointed by the speaker of the house; and |
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(20) three members of the senate, appointed by the |
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lieutenant governor. |
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(d) The governor shall designate a member of the task force |
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to serve as presiding officer. |
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(e) The presiding officer may designate additional experts |
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to serve as advisors to the task force. |
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(f) A person designated to make an appointment of a member |
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of the task force shall make the appointment not later than the 60th |
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day after the effective date of this Act. The designated person |
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shall fill a vacancy in the task force or a vacancy in the position |
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of presiding officer of the task force by the appointment of another |
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person with the same qualifications as the original appointee. |
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(g) The presiding officer shall call the initial meeting of |
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the task force on or before December 1, 2013. The task force shall |
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meet at the times and places that the presiding officer determines |
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are appropriate. The task force shall adopt rules necessary to |
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fulfill the task force's duties under this Act. |
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(h) A member of the task force is not entitled to |
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compensation but may be entitled to reimbursement for the member's |
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actual and necessary expenses incurred in attending meetings of the |
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task force and performing other official duties authorized by the |
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presiding officer of the task force, if funding is available. |
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(i) The task force may request meeting facilities, data, |
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clerical help, or other assistance from any department, agency, |
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institution, office, or political subdivision of this state. |
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(j) State funds may not be appropriated for purposes of the |
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task force. The task force may apply for, receive, and accept |
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grants of funds or other contributions as appropriate to assist in |
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the performance of its duties. The task force may contract for |
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consultants or technical assistance. |
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(k) The task force is not subject to Chapter 2110, |
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Government Code. |
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SECTION 2. DUTIES OF TASK FORCE. (a) After evaluating the |
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proposal described by Section 1(b) of this Act, the task force shall |
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determine whether the legislature should implement that proposal. |
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To make the determination, the task force shall consider: |
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(1) the potential short-term and long-term benefits to |
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offenders, victims, and taxpayers; |
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(2) the requirements of federal law, including the |
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Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et |
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seq.), for the confinement of persons 17 years of age; |
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(3) the implications of the decisions of the United |
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States Supreme Court in Miller v. Alabama, 567 U.S. ____ (2012), and |
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similar cases involving the sentencing of persons younger than 18 |
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years of age; |
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(4) appropriate sanctions, services, and treatment |
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programs for persons 17 years of age who have committed criminal |
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offenses and the effectiveness of the sanctions, services, and |
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programs; |
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(5) best practices and national trends in the |
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prosecution and sentencing of persons younger than 18 years of age; |
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(6) data about the nature and frequency of offenses |
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committed by persons 17 years of age in this state; |
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(7) the projected costs and savings for the state |
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criminal court and juvenile court systems, state and local law |
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enforcement, local adult and juvenile probation departments, state |
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and local correctional facilities, and facilities operated by the |
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Texas Juvenile Justice Department; |
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(8) which criminal and juvenile justice laws to amend, |
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including laws relating to traffic offenses, offenses under the |
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Education Code or Alcoholic Beverage Code, and laws relating to |
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criminal records; and |
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(9) any other issues that the task force considers |
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relevant to the proposal. |
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(b) The task force shall: |
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(1) develop the implementation plan relating to the |
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proposal described by Section 1(b) of this Act; |
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(2) calculate the projected state and local adult and |
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juvenile correctional facility populations if the plan is |
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implemented; |
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(3) conduct a cost-benefit analysis for each part of |
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the juvenile and adult criminal justice systems and for offenders, |
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victims, and taxpayers if the plan is implemented; and |
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(4) make findings and recommendations and describe |
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policy considerations relating to whether the proposal should be |
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adopted. |
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SECTION 3. REPORT. Not later than December 1, 2014, the |
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task force shall deliver an interim report of the task force's |
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findings and recommendations, including legislative, |
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administrative, and funding recommendations, to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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the standing committees of each house of the legislature with |
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primary jurisdiction over criminal justice and juvenile justice |
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matters, the supreme court, the court of criminal appeals, the |
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executive director of the Texas Department of Criminal Justice, and |
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the executive director of the Texas Juvenile Justice Department. |
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SECTION 4. FINAL REPORT. The task force shall deliver a |
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final report not later than December 1, 2016, to the persons listed |
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in Section 3 of this Act describing the results of the |
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implementation of the laws enacted by the 84th Legislature relating |
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to the task force's recommendations and providing additional |
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legislative, administrative, or funding recommendations to make |
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the change in law more effective. |
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SECTION 5. EXPIRATION. The task force is abolished and this |
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Act expires August 31, 2017. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |