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A BILL TO BE ENTITLED
|
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AN ACT
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relating to adjudication and disposition of juvenile conduct. |
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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 |
|
stand trial as an adult [child] in a certified juvenile detention |
|
facility under Section 54.02(h), Family Code, the judge of the |
|
criminal court having jurisdiction over the person [child] may |
|
order the person [child] to be transferred to an adult [another] |
|
facility [and treated as an adult as provided by this code]. A |
|
child who is transferred to an adult facility must be detained under |
|
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 |
|
(a) who is detained in a certified juvenile detention facility |
|
under Section 54.02(h), Family Code, the judge of the criminal |
|
court having jurisdiction over the person shall order the person to |
|
be transferred to an adult facility. |
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SECTION 2. Article 24.011, Code of Criminal Procedure, is |
|
amended by amending Subsection (c) and adding Subsection (d-1) to |
|
read as follows: |
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(c) If the witness is in a placement in the custody of the |
|
Texas Juvenile Justice Department [Youth Commission], a juvenile |
|
secure detention facility, or a juvenile secure correctional |
|
facility, the court may issue a bench warrant or direct that an |
|
attachment issue to require a peace officer or probation officer to |
|
secure custody of the person at the placement and produce the person |
|
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 |
|
extension, the court shall order the peace officer or probation |
|
officer to return the person to the placement from which the person |
|
was released. |
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(d-1) A witness younger than 17 years of age held in custody |
|
under this article may be placed in a certified juvenile detention |
|
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 |
|
issued the original bench warrant. If the placement is not |
|
extended, the period under this article expires and the witness may |
|
be returned as provided by Subsection (c). |
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SECTION 3. Subsection (f), Article 45.0216, Code of |
|
Criminal Procedure, 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 |
|
enforcement records, and any other documents relating to the |
|
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 |
|
conviction for an offense described by Section 8.07(a)(4) or (5), |
|
Penal Code, the person was not convicted of any other offense |
|
described by Section 8.07(a)(4) or (5), Penal Code, while the |
|
person was a child; and |
|
(2) for a person applying for the expunction of a |
|
conviction for an offense described by Section 43.261, Penal Code, |
|
the person was not found to have engaged in conduct indicating a |
|
need for supervision described by Section 51.03(b)(8) |
|
[51.03(b)(7)], Family Code, while the person was a child. |
|
SECTION 4. Subsection (b), Section 51.03, 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: |
|
(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
|
traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
|
misdemeanor that are punishable by fine only; or |
|
(B) the penal ordinances of any political |
|
subdivision of this state; |
|
(2) the absence of a child on 10 or more days or parts |
|
of days within a six-month period in the same school year or on |
|
three or more days or parts of days within a four-week period from |
|
school; |
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(3) the voluntary absence of a child from the child's |
|
home without the consent of the child's parent or guardian for a |
|
substantial length of time or without intent to return; |
|
(4) conduct prohibited by city ordinance or by state |
|
law involving the inhalation of the fumes or vapors of paint and |
|
other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
|
Code; |
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(5) an act that violates a school district's |
|
previously communicated written standards of student conduct for |
|
which the child has been expelled under Section 37.007(c), |
|
Education Code; |
|
(6) conduct that violates a reasonable and lawful |
|
order of a court entered under Section 264.305; [or] |
|
(7) notwithstanding Subsection (a)(1), conduct |
|
described by Section 43.02(a)(1) or (2), Penal Code; or |
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(8) notwithstanding Subsection (a)(1), [(7)] conduct |
|
that violates Section 43.261, Penal Code. |
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SECTION 5. 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 |
|
proceeding, a disposition proceeding, a proceeding to modify |
|
disposition, a proceeding for waiver of jurisdiction and transfer |
|
to criminal court under Section 54.02(a), or a motion for transfer |
|
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 |
|
of age, as applicable; |
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(2) the proceeding is not complete before the |
|
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 |
|
the prosecuting attorney exercised due diligence in an attempt to |
|
complete the proceeding before the respondent became 18 or 19 years |
|
of age, as applicable. |
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SECTION 6. Section 51.07, Family Code, is amended to read as |
|
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 |
|
conduct or conduct indicating a need for supervision under Section |
|
54.03, the juvenile court may transfer the case and transcripts of |
|
records and documents to the juvenile court of the county where the |
|
child resides for disposition of the case under Section 54.04. |
|
Consent by the court of the county where the child resides is not |
|
required. |
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(b) For purposes of Subsection (a), while a child is the |
|
subject of a suit under Title 5, the child is considered to reside |
|
in the county in which the court of continuing exclusive |
|
jurisdiction over the child is located. |
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SECTION 7. Section 51.072, Family Code, is amended by |
|
amending Subsection (f) and adding Subsections (f-2), (j-1), and |
|
(j-2) to read as follows: |
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(f) Not later than 10 business days after a receiving county |
|
has agreed to provide interim supervision of a child, the juvenile |
|
probation department of the sending county shall provide the |
|
juvenile probation department of the receiving county with a copy |
|
of the following documents: |
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(1) the petition and the adjudication and disposition |
|
orders for the child, including the child's thumbprint; |
|
(2) the child's conditions of probation; |
|
(3) the social history report for the child; |
|
(4) any psychological or psychiatric reports |
|
concerning the child; |
|
(5) the Department of Public Safety CR 43J form or |
|
tracking incident number concerning the child; |
|
(6) any law enforcement incident reports concerning |
|
the offense for which the child is on probation; |
|
(7) any sex offender registration information |
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concerning the child; |
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(8) any juvenile probation department progress |
|
reports concerning the child and any other pertinent documentation |
|
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
|
|
Commission] standard assessment tool results for the child; |
|
(11) the computerized referral and case history for |
|
the child, including case disposition; |
|
(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 |
|
department; |
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(15) Title IV-E eligibility screening information for |
|
the child, if available; |
|
(16) the address in the sending county for forwarding |
|
funds collected to which the sending county is entitled; |
|
(17) any of the child's school or immunization records |
|
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 |
|
which the child is on probation; and |
|
(19) if applicable, documentation that the sending |
|
county has required the child to provide a DNA sample to the |
|
Department of Public Safety under Section 54.0405 or 54.0409 or |
|
under Subchapter G, Chapter 411, Government Code. |
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(f-2) On initiating a transfer of probation supervision |
|
under this section, for a child ordered to submit a DNA sample as a |
|
condition of probation, the sending county shall provide to the |
|
receiving county documentation of compliance with the requirements |
|
of Section 54.0405 or 54.0409 or of Subchapter G, Chapter 411, |
|
Government Code, as applicable. If the sending county has not |
|
provided the documentation required under this section within the |
|
time provided by Subsection (f), the receiving county may refuse to |
|
accept interim supervision until the sending county has provided |
|
the documentation. |
|
(j-1) Notwithstanding Subsection (j), the sending county |
|
may request interim supervision from the receiving county that |
|
issued a directive under Subsection (i)(2). Following the |
|
conclusion of any judicial proceedings in the sending county or on |
|
the completion of any residential placement ordered by the juvenile |
|
court of the sending county, the sending and receiving counties may |
|
mutually agree to return the child to the receiving county. The |
|
sending and receiving counties may take into consideration whether: |
|
(1) the person having legal custody of the child |
|
resides in the receiving county; |
|
(2) the child has been ordered by the juvenile court of |
|
the sending county to reside with a parent, guardian, or other |
|
person who resides in the sending county or any other county; and |
|
(3) the case meets the statutory requirements for |
|
collaborative supervision. |
|
(j-2) The period of interim supervision under Subsection |
|
(j-1) may not exceed the period under Subsection (m). |
|
SECTION 8. Subsections (d) and (e), Section 51.13, Family |
|
Code, are amended to read as follows: |
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(d) An adjudication under Section 54.03 that a child engaged |
|
in conduct that occurred on or after January 1, 1996, and that |
|
constitutes a felony offense resulting in commitment to the Texas |
|
Juvenile Justice Department [Youth Commission] under Section |
|
54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony |
|
conviction only for the purposes of Sections 12.42(a), (b), and |
|
(c)(1), [and (e),] Penal Code. |
|
(e) A finding that a child engaged in conduct indicating a |
|
need for supervision as described by Section 51.03(b)(8) |
|
[51.03(b)(7)] is a conviction only for the purposes of Sections |
|
43.261(c) and (d), Penal Code. |
|
SECTION 9. Subsection (c), Section 51.17, Family Code, is |
|
amended to read as follows: |
|
(c) Except as otherwise provided by this title, the Texas |
|
Rules of Evidence applicable [apply] to criminal cases and Articles |
|
33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in |
|
a judicial proceeding under this title. |
|
SECTION 10. Section 52.0151, Family Code, is amended by |
|
amending Subsection (a) and adding Subsection (c) to read as |
|
follows: |
|
(a) If a witness is in a placement in the custody of the |
|
Texas Juvenile Justice Department [Youth Commission], a juvenile |
|
secure detention facility, or a juvenile secure correctional |
|
facility, the court may issue a bench warrant or direct that an |
|
attachment issue to require a peace officer or probation officer to |
|
secure custody of the person at the placement and produce the person |
|
in court. Once the person is no longer needed as a witness or the |
|
period prescribed by Subsection (c) has expired without extension, |
|
the court shall order the peace officer or probation officer to |
|
return the person to the placement from which the person was |
|
released. |
|
(c) A witness held in custody under this section may be |
|
placed in a certified juvenile detention facility for a period not |
|
to exceed 30 days. The length of placement may be extended in |
|
30-day increments by the court that issued the original bench |
|
warrant. If the placement is not extended, the period under this |
|
section expires and the witness may be returned as provided by |
|
Subsection (a). |
|
SECTION 11. The heading to Section 53.045, Family Code, is |
|
amended to read as follows: |
|
Sec. 53.045. OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE |
|
[VIOLENT OR HABITUAL OFFENDERS]. |
|
SECTION 12. Subsection (e), Section 54.011, Family Code, is |
|
amended to read as follows: |
|
(e) A status offender may be detained for a necessary |
|
period, not to exceed the period allowed under the Interstate |
|
Compact for Juveniles [five days], to enable the child's return to |
|
the child's home in another state under Chapter 60. |
|
SECTION 13. Section 54.02, Family Code, is amended by |
|
adding Subsection (h-1) and amending Subsections (k) and (l) to |
|
read as follows: |
|
(h-1) If the juvenile court orders a person detained in a |
|
certified juvenile detention facility under Subsection (h), the |
|
juvenile court shall set or deny bond for the person as required by |
|
the Code of Criminal Procedure and other law applicable to the |
|
pretrial detention of adults accused of criminal offenses. |
|
(k) The petition and notice requirements of Sections 53.04, |
|
53.05, 53.06, and 53.07 of this code must be satisfied, and the |
|
summons must state that the hearing is for the purpose of |
|
considering waiver of jurisdiction under Subsection (j) [of this
|
|
section]. The person's parent, custodian, guardian, or guardian ad |
|
litem is not considered a party to a proceeding under Subsection (j) |
|
and it is not necessary to provide the parent, custodian, guardian, |
|
or guardian ad litem with notice. |
|
(l) The juvenile court shall conduct a hearing without a |
|
jury to consider waiver of jurisdiction under Subsection (j) [of
|
|
this section]. Except as otherwise provided by this subsection, a |
|
waiver of jurisdiction under Subsection (j) may be made without the |
|
necessity of conducting the diagnostic study or complying with the |
|
requirements of discretionary transfer proceedings under |
|
Subsection (d). If requested by the attorney for the person at |
|
least 10 days before the transfer hearing, the court shall order |
|
that the person be examined pursuant to Section 51.20(a) and that |
|
the results of the examination be provided to the attorney for the |
|
person and the attorney for the state at least five days before the |
|
transfer hearing. |
|
SECTION 14. Subsection (a), Section 54.0404, Family Code, |
|
is amended to read as follows: |
|
(a) If a child is found to have engaged in conduct |
|
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. |
|
SECTION 15. 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 16. Subsection (c-3), Section 58.003, Family Code, |
|
as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, |
|
Regular Session, 2011, is redesignated as Subsection (c-5), Section |
|
58.003, 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 17. Subsection (c-4), Section 58.003, Family Code, |
|
as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, |
|
Regular Session, 2011, is redesignated as Subsection (c-6), Section |
|
58.003, 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 18. Subsection (d), Section 58.003, 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 19. Subsection (g-1), Section 58.003, 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 20. Subsection (a), Section 58.203, 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 21. Subsection (b), Section 58.204, 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 22. 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 23. 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 24. Subsection (a), Section 23.101, 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 25. 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 26. 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 27. (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) 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 28. To the extent of any conflict, this Act prevails |
|
over another Act of the 83rd Legislature, Regular Session, 2013, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 29. This Act takes effect September 1, 2013. |