BILL ANALYSIS

S.B. 1836

By: Burton

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note inconsistencies in the law regarding the terms "juvenile," "child," and "minor" and express concern regarding punishments for certain juvenile offenders. S.B. 1836 seeks to provide for a study on the adjudication of juveniles charged with misdemeanors punishable by fine only and the use of certain terms signifying age in the criminal justice and juvenile justice statutes.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1836 requires the Office of Court Administration of the Texas Judicial System (OCA) to conduct a study to examine the use of the terms "juvenile," "child," and "minor" throughout the criminal justice and juvenile justice state statutes and the varying definitions assigned those terms. The bill requires the study to also determine whether adjudication under the adult criminal justice system of juveniles charged with misdemeanors punishable by fine only is just and efficient and whether certain procedures under the juvenile justice system if used in the adjudication of juveniles so charged would provide a more just and efficient process for responding to violations of the law by juvenile offenders. The bill requires OCA in conducting the study to consult with the chair of the senate criminal justice committee, the chair of the juvenile justice and family issues committee of the house of representatives, and the chair of the corrections committee of the house of representatives. The bill requires OCA to submit a report containing the results of the study to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate standing committees of the senate and the house of representatives not later than December 1, 2018. The bill's provisions expire December 1, 2019.

EFFECTIVE DATE

September 1, 2017.