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A BILL TO BE ENTITLED
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AN ACT
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relating to status offenses committed by a child, including the |
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repeal of the status offense of a child voluntarily running away |
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from home. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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)(5) |
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[51.03(b)(6)], Family Code, while the person was a child. |
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SECTION 2. Section 33.051(2), Education Code, is amended to |
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read as follows: |
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(2) "Missing child" means a child whose whereabouts |
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are unknown to the legal custodian of the child and: |
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(A) the circumstances of whose absence indicate |
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that the child did not voluntarily leave the care and control of the |
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custodian and that the taking of the child was not authorized by |
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law; or |
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(B) the child has voluntarily left the child's |
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home without the consent of the custodian for a substantial length |
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of time or without intent to return [engaged in conduct indicating a |
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need for supervision under Section 51.03(b)(2), Family Code]. |
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SECTION 3. Section 51.02, Family Code, is amended by |
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amending Subdivision (15) and adding Subdivision (15-a) to read as |
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follows: |
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(15) "Status offender" means a child who is accused, |
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adjudicated, or convicted of a status offense. |
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(15-a) "Status offense" means [for] conduct committed |
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by a child that would not, under state law, be a crime if committed |
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by an adult, including: |
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(A) [running away from home under Section |
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51.03(b)(2); |
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[(B)] a fineable only offense under Section |
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51.03(b)(1) transferred to the juvenile court under Section |
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51.08(b), but only if the conduct constituting the offense would |
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not have been criminal if engaged in by an adult; |
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(B) [(C)] a violation of standards of student |
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conduct as described by Section 51.03(b)(3) [51.03(b)(4)]; |
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(C) [(D)] a violation of a juvenile curfew |
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ordinance or order; |
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(D) [(E)] a violation of a provision of the |
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Alcoholic Beverage Code applicable to minors only; or |
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(E) [(F)] a violation of any other fineable only |
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offense under Section 8.07(a)(4) or (5), Penal Code, but only if the |
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conduct constituting the offense would not have been criminal if |
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engaged in by an adult. |
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SECTION 4. Section 51.03(b), Family Code, is 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 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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[(3)] 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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(3) [(4)] 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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(4) [(5)] notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(a) or (b), Penal Code; or |
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(5) [(6)] notwithstanding Subsection (a)(1), conduct |
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that violates Section 43.261, Penal Code. |
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SECTION 5. Section 51.12, Family Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding any other provision of this section, |
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a child may only be detained in an office or place described by |
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Subsection (a)(1) or (2) or a nonsecure correctional facility that |
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meets the conditions of Subsections (j-1)(1), (3), and (4) if the |
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child is accused only of a status offense. |
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SECTION 6. Section 51.13(e), Family Code, is amended to |
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read as follows: |
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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)(5) |
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[51.03(b)(6)] 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 7. Section 52.02(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (c), a person taking a |
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child into custody, without unnecessary delay and without first |
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taking the child to any place other than a juvenile processing |
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office designated under Section 52.025, shall do one of the |
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following: |
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(1) release the child to a parent, guardian, custodian |
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of the child, or other responsible adult upon that person's promise |
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to bring the child before the juvenile court as requested by the |
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court; |
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(2) bring the child before the office or official |
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designated by the juvenile board if there is probable cause to |
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believe that the child engaged in delinquent conduct, conduct |
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indicating a need for supervision, or conduct that violates a |
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condition of probation imposed by the juvenile court; |
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(3) bring the child to a detention facility designated |
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by the juvenile board; |
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(4) bring the child to a secure detention facility as |
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provided by Section 51.12(j), unless the child is accused only of a |
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status offense; |
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(5) bring the child to a medical facility if the child |
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is believed to suffer from a serious physical condition or illness |
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that requires prompt treatment; |
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(6) dispose of the case under Section 52.03; [or] |
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(7) if school is in session and the child is a student, |
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bring the child to the school campus to which the child is assigned |
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if the principal, the principal's designee, or a peace officer |
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assigned to the campus agrees to assume responsibility for the |
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child for the remainder of the school day; or |
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(8) if the child is accused only of a status offense: |
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(A) bring the child to a place of nonsecure |
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custody in compliance with Articles 45.058(c), (d), and (e), Code |
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of Criminal Procedure; or |
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(B) if a juvenile processing office or place of |
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nonsecure custody is not available, bring the child to a nonsecure |
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correctional facility that meets the conditions of Sections |
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51.12(j-1)(1), (3), and (4). |
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SECTION 8. Section 54.011, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The detention hearing for a [status offender or] |
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nonoffender who has not been released administratively under |
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Section 53.02 shall be held before the 24th hour after the time the |
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child arrived at a detention facility, excluding hours of a weekend |
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or a holiday. Except as otherwise provided by this section, the |
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judge or referee conducting the detention hearing shall release the |
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[status offender or] nonoffender from secure detention. |
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(a-1) If a child is accused only of a status offense, the |
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child may not be detained at a place of nonsecure custody for longer |
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than six hours, or at a nonsecure correctional facility for longer |
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than 24 hours, after the time the child arrived at the place of |
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detention. If the child is not released before the sixth hour after |
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the time the child arrived at the place of detention, the child is |
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entitled to a detention hearing that must be held before the 24th |
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hour after the time the child arrived at the place of detention, |
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excluding weekends and holidays. Except as otherwise provided by |
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this section, the judge or referee conducting the detention hearing |
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shall release the child from detention. |
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SECTION 9. Section 54.04(o), Family Code, is amended to |
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read as follows: |
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(o) In a disposition under this title: |
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(1) a status offender may not, under any |
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circumstances, be committed to the Texas Juvenile Justice |
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Department for engaging in conduct that would not, under state or |
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local law, be a crime if committed by an adult; |
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(2) a status offender may not, under any circumstances |
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[other than as provided under Subsection (n)], be placed in a |
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post-adjudication secure correctional facility; and |
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(3) a child adjudicated for contempt of a county, |
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justice, or municipal court order may not, under any circumstances, |
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be placed in a post-adjudication secure correctional facility or |
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committed to the Texas Juvenile Justice Department for that |
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conduct. |
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SECTION 10. Section 54.0404(a), Family Code, is amended to |
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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)(5) |
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[51.03(b)(6)], the juvenile court may enter an order requiring the |
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child to attend and successfully complete an educational program |
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described by Section 37.218, Education Code, or another equivalent |
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educational program. |
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SECTION 11. Section 59.003(a), Family Code, is amended to |
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read as follows: |
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(a) Subject to Subsection (e), after a child's first |
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commission of delinquent conduct or conduct indicating a need for |
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supervision, the probation department or prosecuting attorney may, |
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or the juvenile court may, in a disposition hearing under Section |
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54.04 or a modification hearing under Section 54.05, assign a child |
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one of the following sanction levels according to the child's |
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conduct: |
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(1) for conduct indicating a need for supervision, |
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other than conduct described in Section 51.03(b)(2) or (3) |
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[51.03(b)(3) or (4)] or a Class A or B misdemeanor, the sanction |
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level is one; |
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(2) for conduct indicating a need for supervision |
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under Section 51.03(b)(2) or (3) [51.03(b)(3) or (4)] or a Class A |
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or B misdemeanor, other than a misdemeanor involving the use or |
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possession of a firearm, or for delinquent conduct under Section |
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51.03(a)(2), the sanction level is two; |
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(3) for a misdemeanor involving the use or possession |
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of a firearm or for a state jail felony or a felony of the third |
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degree, the sanction level is three; |
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(4) for a felony of the second degree, the sanction |
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level is four; |
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(5) for a felony of the first degree, other than a |
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felony involving the use of a deadly weapon or causing serious |
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bodily injury, the sanction level is five; |
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(6) for a felony of the first degree involving the use |
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of a deadly weapon or causing serious bodily injury, for an |
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aggravated controlled substance felony, or for a capital felony, |
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the sanction level is six; or |
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(7) for a felony of the first degree involving the use |
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of a deadly weapon or causing serious bodily injury, for an |
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aggravated controlled substance felony, or for a capital felony, if |
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the petition has been approved by a grand jury under Section 53.045, |
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or if a petition to transfer the child to criminal court has been |
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filed under Section 54.02, the sanction level is seven. |
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SECTION 12. The following provisions of the Family Code are |
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repealed: |
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(1) Sections 51.03(e) and 54.04(n); and |
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(2) Section 58.0022. |
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SECTION 13. The changes in law made by this Act apply only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, conduct occurred before the effective |
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date of this Act if any element of the conduct occurred before that |
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date. |
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SECTION 14. This Act takes effect September 1, 2021. |