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A BILL TO BE ENTITLED
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AN ACT
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relating to the detention of certain juvenile offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.12(f) and (h), Family Code, are |
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amended to read as follows: |
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(f) A child detained in a building that contains a jail, |
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lockup, or other place of secure confinement, including an alcohol |
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or other drug treatment facility, shall be separated by sight and |
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sound from adults detained in the same building. Children and |
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adults are separated by sight and sound only if they are unable to |
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see each other and conversation between them is not possible. The |
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separation must extend to all areas of the facility, including |
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sally ports and passageways, and those areas used for admission, |
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counseling, sleeping, toileting, showering, dining, recreational, |
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educational, or vocational activities, and health care. The |
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separation may be accomplished through architectural design. [A
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person who has been transferred for prosecution in criminal court
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under Section 54.02 and is under 17 years of age is considered a
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child for the purposes of this subsection.] |
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(h) This section does not apply to a person: |
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(1) after transfer [who has been transferred] to |
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criminal court for prosecution under Section 54.02 [and is at least
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17 years of age]; or |
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(2) who is at least 17 years of age and who has been |
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taken into custody after having: |
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(A) escaped from a juvenile facility operated by |
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or under contract with the Texas Youth Commission; or |
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(B) violated a condition of release under |
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supervision of the Texas Youth Commission. |
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SECTION 2. This Act takes effect September 1, 2013. |