79(R) HB 1575 - Enrolled version (original) (raw)
H.B. No. 1575AN ACT
relating to juvenile delinquency; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.02(16), Family Code, is amended to
read as follows:
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for conduct for
which the person convicted may be sentenced to imprisonment or
confinement in jail[:
[(i) conduct constituting an offense under
Section 521.457, Transportation Code;
[(ii) conduct constituting an offense under
Section 550.021, Transportation Code;
[(iii) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.022,
Transportation Code;
[(iv) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.024,
Transportation Code; or
[(v) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.025,
Transportation Code]; or
(B) a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.
SECTION 2. Section 51.03(d), Family Code, is amended to
read as follows:
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required to
be proven under that subsection have been excused by a school
official or [should be excused] by the court or that one or more of
the absences were [was] involuntary, but only if there is an
insufficient number of unexcused or voluntary absences remaining to
constitute conduct under Subsection (b)(2). The burden is on the
respondent to show by a preponderance of the evidence that the
absence has been or should be excused or that the absence was
involuntary. A decision by the court to excuse an absence for
purposes of this subsection does not affect the ability of the
school district to determine whether to excuse the absence for
another purpose.
SECTION 3. Section 51.07, Family Code, is amended to read as
follows:
Sec. 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION.
[(a)] When a child has been found to have engaged in delinquent
conduct or conduct indicating a need for supervision under Section
54.03 [of this code], the juvenile court[, with the consent of the
child and appropriate adult given in accordance with Section 51.09
of this code,] 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 [of this
code]. Consent by the court of the county where the child resides
is not required.
[(b) When a child who is on probation moves with his family
from one county to another, the juvenile court may transfer the case
to the juvenile court in the county of the child's new residence if
the transfer is in the best interest of the child. In all other
cases of transfer, consent of the receiving court is required. The
transferring court shall forward transcripts of records and
documents in the case to the judge of the receiving court.]
SECTION 4. Chapter 51, Family Code, is amended by adding
Sections 51.071-51.075 to read as follows:
Sec. 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by
Section 51.075, a juvenile court or juvenile probation department
may not engage in the practice of courtesy supervision of a child on
probation.
Sec. 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: INTERIM SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) When a child on probation moves or intends to move from
one county to another and intends to remain in the receiving county
for at least 60 days, the juvenile probation department of the
sending county shall request that the juvenile probation department
of the receiving county provide interim supervision of the child.
(c) The juvenile probation department of the receiving
county may refuse the request to provide interim supervision only
if:
(1) the residence of the child in the receiving county
is in a residential placement facility arranged by the sending
county; or
(2) the residence of the child in the receiving county
is in a foster care placement arranged by the Department of Family
and Protective Services.
(d) The juvenile probation department of the sending county
shall initiate the request for interim supervision by electronic
communication to the probation officer designated as the
inter-county transfer officer for the juvenile probation
department of the receiving county or, in the absence of this
designation, to the chief juvenile probation officer.
(e) The juvenile probation department of the sending county
shall provide the juvenile probation department of the receiving
county with the following information in the request for interim
supervision initiated under Subsection (d):
(1) the child's name, sex, age, and date of birth;
(2) the name, address, date of birth, and social
security or driver's license number of the person with whom the
child proposes to reside or is residing in the receiving county;
(3) the offense for which the child is on probation;
(4) the length of the child's probation term;
(5) a brief summary of the child's history of
referrals;
(6) a brief statement of any special needs of the
child; and
(7) the reason for the child moving or intending to
move to the receiving county.
(f) Not later than five 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:
(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
concerning the child;
(8) any juvenile probation department progress
reports concerning the child and any other pertinent documentation
for the child's probation officer;
(9) case plans concerning the child;
(10) the Texas Juvenile 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;
(13) the child's social security number or social
security card, if available;
(14) the name, address, and telephone number of the
contact person in the sending county's juvenile probation
department;
(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
possesses; and
(18) any victim information concerning the case for
which the child is on probation.
(g) The juvenile probation department of the receiving
county shall supervise the child under the probation conditions
imposed by the sending county and provide services similar to those
provided to a child placed on probation under the same conditions in
the receiving county. On request of the juvenile probation
department of the receiving county, the juvenile court of the
receiving county may modify the original probation conditions and
impose new conditions using the procedures in Section 54.05. The
juvenile court of the receiving county may not modify a financial
probation condition imposed by the juvenile court of the sending
county or the length of the child's probation term. The juvenile
court of the receiving county shall designate a cause number for
identifying the modification proceedings.
(h) The juvenile court of the sending county may revoke
probation for a violation of a condition imposed by the juvenile
court of the sending county only if the condition has not been
specifically modified or replaced by the juvenile court of the
receiving county. The juvenile court of the receiving county may
revoke probation for a violation of a condition of probation that
the juvenile court of the receiving county has modified or imposed.
(i) If a child is reasonably believed to have violated a
condition of probation imposed by the juvenile court of the sending
county, the juvenile court of the sending or receiving county may
issue a directive to apprehend or detain the child in a certified
detention facility, as in other cases of probation violation. In
order to respond to a probation violation under this subsection,
the juvenile court of the receiving county may:
(1) modify the conditions of probation or extend the
probation term; or
(2) require that the juvenile probation department of
the sending county resume direct supervision for the child.
(j) On receiving a directive from the juvenile court of the
receiving county under Subsection (i)(2), the juvenile probation
department of the sending county shall arrange for the prompt
transportation of the child back to the sending county at the
expense of the sending county.
(k) The juvenile probation department of the receiving
county is entitled to any probation supervision fees collected from
the child or the child's parent while providing interim supervision
for the child.
(l) The sending county is financially responsible for any
special treatment program or placement that the juvenile court of
the sending county requires as a condition of probation if the
child's family is financially unable to pay for the program or
placement.
(m) Except as provided by Subsection (n), a period of
interim supervision may not exceed 180 days. Permanent supervision
automatically transfers to the juvenile probation department of the
receiving county after the expiration of the period of interim
supervision. The juvenile probation department of the receiving
county may request permanent supervision from the juvenile
probation department of the sending county at any time before the
180-day interim supervision period expires.
(n) Notwithstanding Subsection (m), the period of interim
supervision of a child who is placed on probation under Section
54.04(q) does not expire until the child has satisfactorily
completed one-third of the term of probation, including one-third
of the term of any extension of the probation term ordered under
Section 54.05. Permanent supervision automatically transfers to
the probation department of the receiving county after the
expiration of the period of interim supervision under this
subsection. The juvenile court of the sending county may order
transfer of the permanent supervision before the expiration of the
period of interim supervision under this subsection.
(o) At least once every 90 days during the period of interim
supervision, the juvenile probation department of the receiving
county shall provide the juvenile probation department of the
sending county with a progress report of supervision concerning the
child.
Sec. 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: PERMANENT SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) On transfer of permanent supervision of a child under
Section 51.072(m) or (n), the juvenile court of the sending county
shall order the juvenile probation department of the sending county
to provide the juvenile probation department of the receiving
county with the order of transfer. On receipt of the order of
transfer, the juvenile probation department of the receiving county
shall ensure that the order of transfer, the petition, the order of
adjudication, the order of disposition, and the conditions of
probation are filed with the clerk of the juvenile court of the
receiving county.
(c) The juvenile court of the receiving county shall require
that the child be brought before the court in order to impose
conditions of probation. The child shall be represented by counsel
as provided by Section 51.10.
(d) Once permanent supervision is transferred to the
juvenile probation department of the receiving county, the
receiving county is fully responsible for selecting and imposing
conditions of probation, providing supervision, modifying
conditions of probation, and revoking probation. The sending
county has no further jurisdiction over the child's case.
(e) This section does not affect the sending county's
jurisdiction over any new offense committed by the child in the
sending county.
Sec. 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: DEFERRED PROSECUTION. A juvenile court may transfer
interim supervision, but not permanent supervision, to the county
where a child on deferred prosecution resides.
Sec. 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING
COUNTIES. (a) If a child who is on probation in one county spends
substantial time in an adjoining county, including residing,
attending school, or working in the adjoining county, the juvenile
probation departments of the two counties may enter into a
collaborative supervision arrangement regarding the child.
(b) Under a collaborative supervision arrangement, the
juvenile probation department of the adjoining county may authorize
a probation officer for the county to provide supervision and other
services for the child as an agent of the juvenile probation
department of the county in which the child was placed on probation.
The probation officer providing supervision and other services for
the child in the adjoining county shall provide the probation
officer supervising the child in the county in which the child was
placed on probation with periodic oral, electronic, or written
reports concerning the child.
(c) The juvenile court of the county in which the child was
placed on probation retains sole authority to modify, amend,
extend, or revoke the child's probation.
SECTION 5. Section 51.095, Family Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) Notwithstanding Section 51.09, the statement of a child
is admissible in evidence in any future proceeding concerning the
matter about which the statement was given if:
(1) the statement is made in writing under a
circumstance described by Subsection (d) and:
(A) the statement shows that the child has at
some time before the making of the statement received from a
magistrate a warning that:
(i) the child may remain silent and not make
any statement at all and that any statement that the child makes may
be used in evidence against the child;
(ii) the child has the right to have an
attorney present to advise the child either prior to any
questioning or during the questioning;
(iii) if the child is unable to employ an
attorney, the child has the right to have an attorney appointed to
counsel with the child before or during any interviews with peace
officers or attorneys representing the state; and
(iv) the child has the right to terminate
the interview at any time;
(B) and:
(i) the statement must be signed in the
presence of a magistrate by the child with no law enforcement
officer or prosecuting attorney present, except that a magistrate
may require a bailiff or a law enforcement officer if a bailiff is
not available to be present if the magistrate determines that the
presence of the bailiff or law enforcement officer is necessary for
the personal safety of the magistrate or other court personnel,
provided that the bailiff or law enforcement officer may not carry a
weapon in the presence of the child; and
(ii) the magistrate must be fully convinced
that the child understands the nature and contents of the statement
and that the child is signing the same voluntarily, and if a
statement is taken, the magistrate must sign a written statement
verifying the foregoing requisites have been met;
(C) the child knowingly, intelligently, and
voluntarily waives these rights before and during the making of the
statement and signs the statement in the presence of a magistrate;
and
(D) the magistrate certifies that the magistrate
has examined the child independent of any law enforcement officer
or prosecuting attorney, except as required to ensure the personal
safety of the magistrate or other court personnel, and has
determined that the child understands the nature and contents of
the statement and has knowingly, intelligently, and voluntarily
waived these rights;
(2) the statement is made orally and the child makes a
statement of facts or circumstances that are found to be true and
tend to establish the child's guilt, such as the finding of secreted
or stolen property, or the instrument with which the child states
the offense was committed;
(3) the statement was res gestae of the delinquent
conduct or the conduct indicating a need for supervision or of the
arrest;
(4) the statement is made:
(A) in open court at the child's adjudication
hearing;
(B) before a grand jury considering a petition,
under Section 53.045, that the child engaged in delinquent conduct;
or
(C) at a preliminary hearing concerning the child
held in compliance with this code, other than at a detention hearing
under Section 54.01; or
(5) subject to Subsection (f), the statement is made
orally under a circumstance described by Subsection (d) and the
statement is recorded by an electronic recording device, including
a device that records images, and:
(A) before making the statement, the child is
given the warning described by Subdivision (1)(A) by a magistrate,
the warning is a part of the recording, and the child knowingly,
intelligently, and voluntarily waives each right stated in the
warning;
(B) the recording device is capable of making an
accurate recording, the operator of the device is competent to use
the device, the recording is accurate, and the recording has not
been altered;
(C) each voice on the recording is identified;
and
(D) not later than the 20th day before the date of
the proceeding, the attorney representing the child is given a
complete and accurate copy of each recording of the child made under
this subdivision.
(f) A magistrate who provides the warnings required by
Subsection (a)(5) for a videotaped statement may at the time the
warnings are provided request by speaking on the tape recording
that the officer return the child and the videotape to the
magistrate at the conclusion of the process of questioning. The
magistrate may then view the videotape with the child or have the
child view the videotape to enable the magistrate to determine
whether the child's statements were given voluntarily. If a
magistrate uses the procedure described by this subsection, a
child's statement is not admissible unless the magistrate
determines that the statement was given voluntarily.
SECTION 6. Section 51.17, Family Code, is amended by adding
Subsection (g) to read as follows:
(g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of
Criminal Procedure, relating to the name of an adult defendant in a
criminal case, apply to a child in a proceeding held under this
title.
SECTION 7. Section 51.20, Family Code, is amended by adding
Subsections (c), (d), and (e) to read as follows:
(c) If, while a child is under deferred prosecution
supervision or court-ordered probation, a qualified professional
determines that the child has a mental illness or mental
retardation and the child is not currently receiving treatment
services for the mental illness or mental retardation, the
probation department shall refer the child to the local mental
health or mental retardation authority for evaluation and services.
(d) A probation department shall report each referral of a
child to a local mental health or mental retardation authority made
under Subsection (b) or (c) to the Texas Juvenile Probation
Commission in a format specified by the commission.
(e) At any stage of the proceedings under this title, the
juvenile court may order a child who has been referred to the
juvenile court or who is alleged by the petition or found to have
engaged in delinquent conduct or conduct indicating a need for
supervision to be subjected to a physical examination by a licensed
physician.
SECTION 8. Chapter 51, Family Code, is amended by adding
Section 51.21 to read as follows:
Sec. 51.21. MENTAL HEALTH SCREENING AND REFERRAL. (a) A
probation department that administers the mental health screening
instrument or clinical assessment required by Section 141.042(e),
Human Resources Code, shall refer the child to the local mental
health authority for assessment and evaluation if:
(1) the child's scores on the screening instrument or
clinical assessment indicate a need for further mental health
assessment and evaluation; and
(2) the department and child do not have access to an
internal, contract, or private mental health professional.
(b) A probation department shall report each referral of a
child to a local mental health authority made under Subsection (a)
to the Texas Juvenile Probation Commission in a format specified by
the commission.
SECTION 9. Section 52.01(a), Family Code, is amended to
read as follows:
(a) A child may be taken into custody:
(1) pursuant to an order of the juvenile court under
the provisions of this subtitle;
(2) pursuant to the laws of arrest;
(3) by a law-enforcement officer, including a school
district peace officer commissioned under Section 37.081,
Education Code, if there is probable cause to believe that the child
has engaged in:
(A) conduct that violates a penal law of this
state or a penal ordinance of any political subdivision of this
state;
(B) delinquent conduct or conduct indicating a
need for supervision; or
(C) conduct that violates a condition of
probation imposed by the juvenile court;
(4) by a probation officer if there is probable cause
to believe that the child has violated a condition of probation
imposed by the juvenile court; [or]
(5) pursuant to a directive to apprehend issued as
provided by Section 52.015; or
(6) by a probation officer if there is probable cause
to believe that the child has violated a condition of release
imposed by the juvenile court or referee under Section 54.01.
SECTION 10. Chapter 52, Family Code, is amended by adding
Section 52.0151 to read as follows:
Sec. 52.0151. BENCH WARRANT; ATTACHMENT OF WITNESS IN
CUSTODY. (a) If a witness is in a placement in the custody of the
Texas 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, the court shall order the peace officer
or probation officer to return the person to the placement from
which the person was released.
(b) The court may order that the person who is the witness be
detained in a certified juvenile detention facility if the person
is younger than 17 years of age. If the person is at least 17 years
of age, the court may order that the person be detained without bond
in an appropriate county facility for the detention of adults
accused of criminal offenses.
SECTION 11. Section 53.03, Family Code, is amended by
adding Subsection (k) to read as follows:
(k) In deciding whether to grant deferred prosecution under
Subsection (i), the court may consider professional
representations by the parties concerning the nature of the case
and the background of the respondent. The representations made
under this subsection by the child or counsel for the child are not
admissible against the child at trial should the court reject the
application for deferred prosecution.
SECTION 12. Section 54.01, Family Code, is amended by
adding Subsection (q-1) to read as follows:
(q-1) The juvenile board may impose an earlier deadline than
the specified deadlines for filing petitions under Subsection (q)
and may specify the consequences of not filing a petition by the
deadline the juvenile board has established. The juvenile board
may authorize but not require the juvenile court to release a
respondent from detention for failure of the prosecutor to file a
petition by the juvenile board's deadline.
SECTION 13. Section 54.012(a), Family Code, is amended to
read as follows:
(a) A detention hearing under Section 54.01[, other than the
first detention hearing,] may be held using interactive video
equipment if:
(1) the child and the child's attorney agree to the
video hearing; and
(2) the parties to the proceeding have the opportunity
to cross-examine witnesses.
SECTION 14. Chapter 54, Family Code, is amended by adding
Section 54.0408 to read as follows:
Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL
HEALTH OR MENTAL RETARDATION AUTHORITY. A juvenile probation
officer shall refer a child who has been determined to have a mental
illness or mental retardation to an appropriate local mental health
or mental retardation authority at least three months before the
child is to complete the child's juvenile probation term unless the
child is currently receiving treatment from the local mental health
or mental retardation authority of the county in which the child
resides.
SECTION 15. Section 54.05, Family Code, is amended by
adding Subsection (m) to read as follows:
(m) If the court places the child on probation outside the
child's home or commits the child to the Texas Youth Commission, the
court:
(1) shall include in the court's order a determination
that:
(A) it is in the child's best interests to be
placed outside the child's home;
(B) reasonable efforts were made to prevent or
eliminate the need for the child's removal from the child's home and
to make it possible for the child to return home; and
(C) the child, in the child's home, cannot be
provided the quality of care and level of support and supervision
that the child needs to meet the conditions of probation; and
(2) may approve an administrative body to conduct a
permanency hearing pursuant to 42 U.S.C. Section 675 if required
during the placement or commitment of the child.
SECTION 16. Section 58.003, Family Code, is amended by
amending Subsections (a) and (o), and adding Subsections (g-1) and
(p) to read as follows:
(a) Except as provided by Subsections (b) and (c), on the
application of a person who has been found to have engaged in
delinquent conduct or conduct indicating a need for supervision, or
a person taken into custody to determine whether the person engaged
in delinquent conduct or conduct indicating a need for supervision,
on the juvenile court's own motion [or on receipt of a certification
from the Department of Public Safety of the State of Texas that the
records of a person are eligible for sealing under this section,]
the court shall order the sealing of the records in the case if the
court finds that:
(1) two years have elapsed since final discharge of
the person or since the last official action in the person's case if
there was no adjudication; and
(2) since the time specified in Subdivision (1), the
person has not been convicted of a felony or a misdemeanor involving
moral turpitude or found to have engaged in delinquent conduct or
conduct indicating a need for supervision and no proceeding is
pending seeking conviction or adjudication.
(g-1) Any records collected or maintained by the Texas
Juvenile Probation Commission, including statistical data
submitted under Section 141.044, Human Resources Code, are not
subject to a sealing order issued under this section.
(o) An agency or official named in the order that cannot
seal the records because the information required in the order
under Subsection (p) [there] is incorrect or insufficient
[information in the order] shall notify the court issuing the order
before the 61st day after the date the agency or official receives
the order. The court shall notify the person who made the
application or who is the subject of the records named in the
motion, or the attorney for that person, before the 61st day after
the date the court receives the notice that the agency or official
cannot seal the records because there is incorrect or insufficient
information in the order.
(p) A person who is eligible to seal records may file an
application for the sealing of records in a juvenile court of the
county in which the proceedings occurred. The application and
sealing order entered on the application must include the following
information or an explanation for why one or more of the following
is not included:
(1) the applicant's:
(A) full name;
(B) sex;
(C) race or ethnicity;
(D) date of birth;
(E) driver's license or identification card
number; and
(F) social security number;
(2) the offense charged against the applicant or for
which the applicant was referred to the juvenile justice system;
(3) the date on which and the county where the offense
was alleged to have been committed; and
(4) if a petition was filed in the juvenile court, the
cause number assigned to the petition and the court and county in
which the petition was filed.
SECTION 17. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.0072 to read as follows:
Sec. 58.0072. DISSEMINATION OF JUVENILE JUSTICE
INFORMATION. (a) Except as provided by this section, juvenile
justice information collected and maintained by the Texas Juvenile
Probation Commission for statistical and research purposes is
confidential information for the use of the commission and may not
be disseminated by the commission.
(b) Juvenile justice information consists of information of
the type described by Section 58.104, including statistical data in
any form or medium collected, maintained, or submitted to the Texas
Juvenile Probation Commission under Section 141.044, Human
Resources Code.
(c) The Texas Juvenile Probation Commission may grant the
following entities access to juvenile justice information for
research and statistical purposes or for any other purpose approved
by the commission:
(1) criminal justice agencies as defined by Section
411.082, Government Code;
(2) the Texas Education Agency;
(3) any agency under the authority of the Health and
Human Services Commission; or
(4) a public or private university.
(d) The Texas Juvenile Probation Commission may grant the
following entities access to juvenile justice information only for
a purpose approved by the commission:
(1) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state funds;
or
(B) meets the requirements of 28 C.F.R. Part 22
and is approved by the commission; or
(2) a governmental entity that has a specific
agreement with the commission, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which the information is given;
(C) ensures the security and confidentiality of
the information; and
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated.
(e) The Texas Juvenile Probation Commission shall grant
access to juvenile justice information for legislative purposes
under Section 552.008, Government Code.
(f) The Texas Juvenile Probation Commission may not release
juvenile justice information in identifiable form, except for
information released under Subsection (c)(1), (2), or (3) or under
the terms of an agreement entered into under Subsection (d)(2). For
purposes of this subsection, identifiable information means
information that contains a juvenile offender's name or other
personal identifiers or that can, by virtue of sample size or other
factors, be reasonably interpreted as referring to a particular
juvenile offender.
(g) The Texas Juvenile Probation Commission is not required
to release or disclose juvenile justice information to any person
not identified under this section.
SECTION 18. Section 58.104(f), Family Code, is amended to
read as follows:
(f) Records maintained by the department in the depository
are subject to being sealed under Section 58.003. [The department
shall send to the appropriate juvenile court its certification of
records that the department determines, according to the
department's records, are eligible for sealing under Section
58.003(a).]
SECTION 19. Section 58.203, Family Code, is amended to read
as follows:
Sec. 58.203. CERTIFICATION. (a) The department shall
certify to [the juvenile court or] 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 21 years of age;
(2) the juvenile case did not include violent or
habitual felony conduct resulting in proceedings in the juvenile
court under Section 53.045;
(3) the juvenile case was not certified for trial in
criminal court under Section 54.02; and
(4) the department has not received a report in its
criminal history system that the person was granted deferred
adjudication for or convicted of a felony or a misdemeanor
punishable by confinement in jail for an offense committed after
the person became 17 years of age.
(b) If the department's records relate to a juvenile court
with multicounty jurisdiction, the department shall issue the
certification described by Subsection (a) to each juvenile
probation department that serves the court. On receipt of the
certification, each juvenile probation department shall determine
whether it received the referral and, if it received the referral,
take the restrictive action notification required by law.
(c) The department may issue the certification described by
Subsection (a) by electronic means, including by electronic mail.
SECTION 20. Section 58.207(a), Family Code, is amended to
read as follows:
(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
Youth Commission, records maintained by the commission;
(B) records maintained by the juvenile probation
department [and by any agency that provided care or custody of the
child under order or arrangement of the juvenile court];
(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.
SECTION 21. Section 58.208, Family Code, is amended to read
as follows:
Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
final discharge of a child from the juvenile system or on the last
official action in the case, if there is no adjudication, the
appropriate juvenile justice official shall provide to the child:
(1) a written explanation of how automatic restricted
access under this subchapter works; [and]
(2) a copy of this subchapter; and
(3) a statement that if the child wishes to receive
notification of an action restricting access to the child's records
under Section 58.207(a), the child must before the child's 21st
birthday provide the juvenile probation department with a current
address where the child can receive notification.
SECTION 22. Subchapter C, Chapter 58, Family Code, is
amended by adding Section 58.211 to read as follows:
Sec. 58.211. RESCINDING RESTRICTED ACCESS. (a) If the
department has notified a juvenile probation department that a
record has been placed on restricted access and the department
later receives information in the department's criminal history
system that the subject of the records has been convicted of or
placed on deferred adjudication for a felony or a misdemeanor
punishable by confinement in jail for an offense committed after
the person reached the age of 17, the person's juvenile records are
no longer subject to restricted access. The department shall
notify the appropriate local juvenile probation departments in the
manner described by Section 58.203 that the person's records are no
longer subject to restricted access.
(b) On receipt of the notification described by Subsection
(a), the juvenile probation department shall notify the agencies
that maintain the person's juvenile records under Section 58.207(b)
that the person's records are no longer subject to restricted
access.
SECTION 23. Section 58.301(5), Family Code, is amended to
read as follows:
(5) "Partner agency" means a governmental service
provider or governmental placement facility that is authorized
[required] by this subchapter to be a member of a local juvenile
justice information system or that has applied to be a member of a
local juvenile justice information system and has been approved by
the county juvenile board or regional juvenile board committee as a
member of the system.
SECTION 24. Sections 58.303(b) and (c), Family Code, are
amended to read as follows:
(b) A local juvenile justice information system may [must]
contain the following components:
(1) case management resources for juvenile courts,
prosecuting attorneys, and county juvenile probation departments;
(2) reporting systems to fulfill statutory
requirements for reporting in the juvenile justice system;
(3) service provider directories and indexes of
agencies providing services to children; [and]
(4) victim-witness notices required under Chapter
57;[.
[(c) A local juvenile justice information system may
contain the following components:]
(5) [(1)] electronic filing of complaints or
petitions;
(6) [(2)] electronic offense and intake processing;
(7) [(3)] case docket management and calendaring;
(8) [(4)] communications by email or other electronic
communications between partner agencies;
(9) [(5)] reporting of charges filed, adjudications
and dispositions of juveniles by municipal and justice courts and
the juvenile court, and transfers of cases to the juvenile court as
authorized or required by Section 51.08;
(10) [(6)] reporting to schools under Article 15.27,
Code of Criminal Procedure, by law enforcement agencies,
prosecuting attorneys, and juvenile courts;
(11) [(7)] records of adjudications and dispositions,
including probation conditions ordered by the juvenile court; and
(12) [(8)] warrant management and confirmation
capabilities.
SECTION 25. Section 58.305, Family Code, is amended to read
as follows:
Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile
justice information system shall to the extent possible [for a
single county shall] include the following partner agencies within
that county:
(1) the juvenile court;
(2) justice of the peace and municipal courts;
(3) the county juvenile probation department;
(4) the prosecuting attorneys who prosecute juvenile
cases in juvenile court, municipal court, or justice court;
(5) law enforcement agencies;
(6) each public school district in the county;
(7) governmental service providers approved by the
county juvenile board; and
(8) governmental placement facilities approved by the
county juvenile board.
(b) A local juvenile justice information system for a
multicounty region shall to the extent possible include the partner
agencies listed in Subsections (a)(1)-(6) for each county in the
region and the following partner agencies from within the
multicounty region that have applied for membership in the system
and have been approved by the regional juvenile board committee:
(1) governmental service providers; and
(2) governmental placement facilities.
SECTION 26. Subchapter A, Chapter 61, Family Code, is
amended by adding Section 61.0031 to read as follows:
Sec. 61.0031. TRANSFER OF ORDER AFFECTING PARENT OR OTHER
ELIGIBLE PERSON TO COUNTY OF CHILD'S RESIDENCE. (a) This section
applies only when:
(1) a juvenile court has placed a parent or other
eligible person under a court order under this chapter;
(2) the child who was the subject of the juvenile court
proceedings in which the order was entered:
(A) resides in a county other than the county in
which the order was entered;
(B) has moved to a county other than the county in
which the order was entered and intends to remain in that county for
at least 60 days; or
(C) intends to move to a county other than the
county in which the order was entered and to remain in that county
for at least 60 days; and
(3) the parent or other eligible person resides or
will reside in the same county as the county in which the child now
resides or to which the child has moved or intends to move.
(b) A juvenile court that enters an order described by
Subsection (a)(1) may transfer the order to the juvenile court of
the county in which the parent now resides or to which the parent
has moved or intends to move.
(c) The juvenile court shall provide the parent or other
eligible person written notice of the transfer. The notification
must identify the court to which the order has been transferred.
(d) The juvenile court to which the order has been
transferred shall require the parent or other eligible person to
appear before the court to notify the person of the existence and
terms of the order. Failure to do so renders the order
unenforceable.
(e) If the notice required by Subsection (d) is provided,
the juvenile court to which the order has been transferred may
modify, extend, or enforce the order as though the court originally
entered the order.
SECTION 27. Section 261.101(b), Family Code, is amended to
read as follows:
(b) If a professional has cause to believe that a child has
been abused or neglected or may be abused or neglected, or that a
child is a victim of an offense under Section 21.11, Penal Code, and
the professional has cause to believe that the child has been abused
as defined by Section 261.001 or 261.401, the professional shall
make a report not later than the 48th hour after the hour the
professional first suspects that the child has been or may be abused
or neglected or is a victim of an offense under Section 21.11, Penal
Code. A professional may not delegate to or rely on another person
to make the report. In this subsection, "professional" means an
individual who is licensed or certified by the state or who is an
employee of a facility licensed, certified, or operated by the
state and who, in the normal course of official duties or duties for
which a license or certification is required, has direct contact
with children. The term includes teachers, nurses, doctors,
day-care employees, employees of a clinic or health care facility
that provides reproductive services, juvenile probation officers,
and juvenile detention or correctional officers.
SECTION 28. Section 261.405, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) As soon as practicable after a child is taken into
custody or placed in a juvenile justice facility or juvenile
justice program, the facility or program shall provide the child's
parents with:
(1) information regarding the reporting of suspected
abuse, neglect, or exploitation of a child in a juvenile justice
facility or juvenile justice program to the Texas Juvenile
Probation Commission; and
(2) the commission's toll-free number for this
reporting.
SECTION 29. Section 106.041(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) A minor who commits an offense under this section and
who has been previously convicted twice or more of offenses under
this section is not eligible for deferred disposition or deferred
adjudication.
SECTION 30. Sections 106.071(f) and (i), Alcoholic Beverage
Code, are amended to read as follows:
(f) In this section [For the purpose of determining whether
a minor has been previously convicted of an offense to which this
section applies]:
(1) a prior [an] adjudication under Title 3, Family
Code, that the minor engaged in conduct described by this section is
considered a conviction [under this section]; and
(2) a prior [an] order of deferred disposition for an
offense alleged under this section is considered a conviction [of
an offense under this section].
(i) A defendant who is not a child and who has been
previously convicted at least twice of an offense to which this
section applies is not eligible to receive a deferred [deferral of
final] disposition or deferred adjudication [of a subsequent
offense].
SECTION 31. Article 15.27, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) A person may substitute electronic notification for
oral notification where oral notification is required by this
article. If electronic notification is substituted for oral
notification, any written notification required by this article is
not required.
SECTION 32. Article 24.011, Code of Criminal Procedure, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) If the witness is in a placement in the custody of the
Texas 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, the court shall order the peace officer
or probation officer to return the person to the placement from
which the person was released.
(d) The court may order that the person who is the witness be
detained in a certified juvenile detention facility if the person
is younger than 17 years of age. If the person is at least 17 years
of age, the court may order that the person be detained without bond
in an appropriate county facility for the detention of adults
accused of criminal offenses.
(e) In this article, "secure detention facility" and
"secure correctional facility" have the meanings assigned by
Section 51.02, Family Code.
SECTION 33. Article 45.0215, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) A justice or municipal court shall endorse on the
summons issued to a parent an order to appear personally at a
hearing with the child. The summons must include a warning that the
failure of the parent to appear may result in arrest and is a Class C
misdemeanor.
SECTION 34. Article 45.056, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (c), (d),
and (e) to read as follows:
(a) On approval of the commissioners court, city council,
school district board of trustees, juvenile board, or other
appropriate authority, a county court, [a] justice court, municipal
court, school district, juvenile probation department, or other
appropriate governmental entity may:
(1) employ a case manager to provide services in cases
involving juvenile offenders before a court consistent with the
court's statutory powers; or
(2) agree in accordance with Chapter 791, Government
Code, to jointly employ a case manager.
(c) A county or justice court on approval of the
commissioners court or a municipal court on approval of the city
council may employ one or more full-time juvenile case managers to
assist the court in administering the court's juvenile docket and
in supervising its court orders in juvenile cases.
(d) Pursuant to Article 102.0174, the court may pay the
salary and benefits of the juvenile case manager from the juvenile
case manager fund.
(e) A juvenile case manager employed under Subsection (c)
shall work primarily on cases brought under Sections 25.093 and
25.094, Education Code.
SECTION 35. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0174 to read as
follows:
Art. 102.0174. COURT COSTS; JUVENILE CASE MANAGER FUND.
(a) In this article, "fund" means a juvenile case manager fund.
(b) The governing body of a municipality by ordinance may
create a juvenile case manager fund and may require a defendant
convicted of a fine-only misdemeanor offense in a municipal court
to pay a juvenile case manager fee not to exceed $5 as a cost of
court.
(c) The commissioners court of a county by order may create
a juvenile case manager fund and may require a defendant convicted
of a fine-only misdemeanor offense in a justice court, county
court, or county court at law to pay a juvenile case manager fee not
to exceed $5 as a cost of court.
(d) The ordinance or order must authorize the judge or
justice to waive the fee required by Subsection (b) or (c) in a case
of financial hardship.
(e) In this article, a defendant is considered convicted if:
(1) a sentence is imposed on the defendant;
(2) the defendant receives deferred disposition,
including deferred proceedings under Article 45.052 or 45.053; or
(3) the defendant receives deferred adjudication in
county court.
(f) The clerks of the respective courts shall collect the
costs and pay them to the county or municipal treasurer, as
applicable, or to any other official who discharges the duties
commonly delegated to the county or municipal treasurer for deposit
in the fund.
(g) A fund created under this section may be used only to
finance the salary and benefits of a juvenile case manager employed
under Article 45.056.
(h) A fund must be administered by or under the direction of
the commissioners court or under the direction of the governing
body of the municipality.
SECTION 36. Section 25.094(f), Education Code, is amended
to read as follows:
(f) It is an affirmative defense to prosecution under this
section that one or more of the absences required to be proven under
Subsection (a) were [was] excused by a school official or [should be
excused] by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute an offense
under this section. The burden is on the defendant to show by a
preponderance of the evidence that the absence has been [or should
be] excused or that the absence was involuntary. A decision by the
court to excuse an absence for purposes of this section does not
affect the ability of the school district to determine whether to
excuse the absence for another purpose.
SECTION 37. Section 25.0951, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) If a student fails to attend school without excuse on 10
or more days or parts of days within a six-month period in the same
school year, a school district shall within seven school days of the
student's last absence:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(d) A court shall dismiss a complaint or referral made by a
school district under this section that is not made in compliance
with this section.
SECTION 38. Sections 102.061, 102.081, 102.101, and
102.121, Government Code, are amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT. The clerk of a statutory county court shall
collect fees and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; [and]
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4; and
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . $5.
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT. The clerk of a county court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; [and]
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . $5.
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT. A clerk of a justice court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . not to exceed $4;
[and]
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $1.50; and
(7) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . $5.
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT. The clerk of a municipal court shall collect fees
and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; [and]
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . $5.
SECTION 39. Section 61.0432, Human Resources Code, is
amended to read as follows:
Sec. 61.0432. STUDENT TRUST FUND; CONTRABAND MONEY. (a)
Except as provided by Subsection (b), money [Money] belonging to a
child committed to the commission in excess of the amount the
commission allows in a child's possession shall be deposited in a
trust fund established by the facility operated by the commission
to which the child is assigned. The commission shall adopt rules
governing the administration of the trust fund.
(b) Money possessed by a child committed to the commission
that is determined to be contraband money as defined by commission
rule shall be deposited in the student benefit fund described by
Section 61.0431. The commission shall notify each child committed
to the commission that the possession of contraband money is
subject to confiscation by the commission under this subsection.
SECTION 40. Section 61.079(c), Human Resources Code, is
amended to read as follows:
(c) If a child is released under supervision, a juvenile
court adjudication that the child engaged in delinquent conduct
constituting a felony offense, a criminal court conviction of the
child for a felony offense, or a determination under Section
61.075(4) revoking the child's release under supervision is
required before referral of the child to the juvenile court under
Subsection (a).
SECTION 41. Section 61.081, Human Resources Code, is
amended by adding Subsection (i) to read as follows:
(i) Notwithstanding Subsection (f), if a child is committed
to the commission under a determinate sentence under Section
54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
the commission may release the child under supervision without
approval of the juvenile court that entered the order of commitment
if not more than nine months remain before the child's discharge
under Section 61.084(b).
SECTION 42. Sections 141.042(a) and (e), Human Resources
Code, are amended to read as follows:
(a) The commission shall adopt reasonable rules that
provide:
(1) minimum standards for personnel, staffing, case
loads, programs, facilities, record keeping, equipment, and other
aspects of the operation of a juvenile board that are necessary to
provide adequate and effective probation services;
(2) a code of ethics for probation and[,] detention[,
and corrections] officers and for the enforcement of that code;
(3) appropriate educational, preservice and
in-service training, and certification standards for probation and
[,] detention[, and corrections] officers or court-supervised
community-based program personnel;
(4) minimum standards for public and private juvenile
pre-adjudication secure detention facilities, public juvenile
post-adjudication secure correctional facilities that are operated
under the authority of a juvenile board, and private juvenile
post-adjudication secure correctional facilities, except those
facilities exempt from certification by Section 42.052(g); and
(5) minimum standards for juvenile justice
alternative education programs created under Section 37.011,
Education Code, in collaboration and conjunction with the Texas
Education Agency, or its designee.
(e) Juvenile probation departments shall use the mental
health screening instrument selected by the commission for the
initial screening of children under the jurisdiction of probation
departments who have been formally referred to the department. The
commission shall give priority to training in the use of this
instrument in any preservice or in-service training that the
commission provides for probation officers. A clinical assessment
by a licensed mental health professional may be substituted for the
mental health screening instrument selected by the commission if
the clinical assessment is performed in the time prescribed by the
commission. Juvenile probation departments shall report data from
the use of the screening instrument or the clinical assessment to
the commission in a format and in the time prescribed by the
commission.
SECTION 43. Subchapter D, Chapter 141, Human Resources
Code, is amended by adding Section 141.0611 to read as follows:
Sec. 141.0611. MINIMUM STANDARDS FOR DETENTION OFFICERS.
To be eligible for appointment as a detention officer, a person who
was not employed as a detention officer before September 1, 2005,
must:
(1) be of good moral character;
(2) be at least 21 years of age;
(3) have acquired a high school diploma or its
equivalent;
(4) have satisfactorily completed the course of
preservice training or instruction required by the commission;
(5) have passed the tests or examinations required by
the commission; and
(6) possess the level of certification required by the
commission.
SECTION 44. Section 141.065, Human Resources Code, is
amended to read as follows:
Sec. 141.065. PERSONS WHO MAY NOT ACT AS CHIEF
ADMINISTRATIVE, JUVENILE PROBATION, OR DETENTION[, OR CORRECTIONS]
OFFICERS. (a) A peace officer, prosecuting attorney, or other
person who is employed by or who reports directly to a law
enforcement or prosecution official may not act as a chief
administrative, juvenile probation, or detention[, or
corrections] officer or be made responsible for supervising a
juvenile on probation.
(b) For purposes of this section, a chief administrative
officer, regardless of title, is the person who is:
(1) hired or appointed by or under contract with the
juvenile board; and
(2) responsible for the oversight of the operations of
the juvenile probation department or any juvenile justice program
operated by or under the authority of the juvenile board.
SECTION 45. Section 8.07(a), Penal Code, is amended to read
as follows:
(a) A person may not be prosecuted for or convicted of any
offense that the person committed when younger than 15 years of age
except:
(1) perjury and aggravated perjury when it appears by
proof that the person had sufficient discretion to understand the
nature and obligation of an oath;
(2) a violation of a penal statute cognizable under
Chapter 729, Transportation Code, except for conduct for which the
person convicted may be sentenced to imprisonment or confinement in
jail[:
[(A) an offense under Section 521.457,
Transportation Code;
[(B) an offense under Section 550.021,
Transportation Code;
[(C) an offense punishable as a Class B
misdemeanor under Section 550.022, Transportation Code;
[(D) an offense punishable as a Class B
misdemeanor under Section 550.024, Transportation Code; or
[(E) an offense punishable as a Class B
misdemeanor under Section 550.025, Transportation Code];
(3) a violation of a motor vehicle traffic ordinance
of an incorporated city or town in this state;
(4) a misdemeanor punishable by fine only other than
public intoxication;
(5) a violation of a penal ordinance of a political
subdivision;
(6) a violation of a penal statute that is, or is a
lesser included offense of, a capital felony, an aggravated
controlled substance felony, or a felony of the first degree for
which the person is transferred to the court under Section 54.02,
Family Code, for prosecution if the person committed the offense
when 14 years of age or older; or
(7) a capital felony or an offense under Section 19.02
for which the person is transferred to the court under Section
54.02(j)(2)(A), Family Code.
SECTION 46. Section 22.04, Penal Code, is amended by
amending Subsection (k) and adding Subsection (l) to read as
follows:
(k) [(1)] It is a defense to prosecution under this section
that the act or omission consisted of:
(1) [(A)] reasonable medical care occurring under the
direction of or by a licensed physician; or
(2) [(B)] emergency medical care administered in good
faith and with reasonable care by a person not licensed in the
healing arts.
(l) [(2)] It is an affirmative defense to prosecution under
this section:
(1) that the act or omission was based on treatment in
accordance with the tenets and practices of a recognized religious
method of healing with a generally accepted record of efficacy;
(2) [. It is an affirmative defense to prosecution]
for a person charged with an act of omission [under this section]
causing to a child, elderly individual, or disabled individual a
condition described by Subsection (a)(1), (2), or (3) that:
(A) there is no evidence that, on the date prior
to the offense charged, the defendant was aware of an incident of
injury to the child, elderly individual, or disabled individual and
failed to report the incident; and
(B) the person:
(i) was a victim of family violence, as that
term is defined by Section 71.004, Family Code, committed by a
person who is also charged with an offense against the child,
elderly individual, or disabled individual under this section or
any other section of this title;
(ii) did not cause a condition described by
Subsection (a)(1), (2), or (3); and
(iii) did not reasonably believe at the
time of the omission that an effort to prevent the person also
charged with an offense against the child, elderly individual, or
disabled individual from committing the offense would have an
effect; or
(3) that:
(A) the actor was not more than three years older
than the victim at the time of the offense; and
(B) the victim was a child at the time of the
offense.
SECTION 47. The heading to Section 38.11, Penal Code, is
amended to read as follows:
Sec. 38.11. PROHIBITED SUBSTANCES AND ITEMS IN ADULT OR
JUVENILE CORRECTIONAL OR DETENTION FACILITY OR ON PROPERTY OF TEXAS
DEPARTMENT OF CRIMINAL JUSTICE OR TEXAS YOUTH COMMISSION.
SECTION 48. Sections 38.11(a), (b), (c), (d), (e), (f),
(i), and (j), Penal Code, are amended to read as follows:
(a) A person commits an offense if the person provides:
(1) an alcoholic beverage, controlled substance, or
dangerous drug to an inmate of a correctional facility or to a
person in the custody of a secure correctional facility or secure
detention facility for juveniles, except on the prescription of a
physician or practitioner, as defined in Section 551.003,
Occupations Code;
(2) a deadly weapon to an inmate of a correctional
facility or to a person in the custody of a secure correctional
facility or secure detention facility for juveniles; or
(3) a cellular telephone, cigarette, tobacco product,
or money to an inmate of a correctional facility operated by or
under contract with the Texas Department of Criminal Justice or to a
person in the custody of a secure correctional facility or secure
detention facility for juveniles, except for money that is provided
for the benefit of the juvenile in accordance with facility rules.
(b) A person commits an offense if the person takes an
alcoholic beverage, controlled substance, or dangerous drug into a
correctional facility or a secure correctional facility or secure
detention facility for juveniles, except for delivery to a
[correctional] facility warehouse, pharmacy, or physician.
(c) A person commits an offense if the person takes a
controlled substance or dangerous drug on property owned, used, or
controlled by the Texas Department of Criminal Justice, the Texas
Youth Commission, or a secure correctional facility or secure
detention facility for juveniles, except for delivery to a
warehouse, pharmacy, or physician on property owned, used, or
controlled by the department, the commission, or the facility.
(d) A person commits an offense if the person:
(1) possesses a controlled substance or dangerous drug
while:
(A) on property owned, used, or controlled by the
Texas Department of Criminal Justice, the Texas Youth Commission,
or a secure correctional facility or secure detention facility for
juveniles; or
(B) in a correctional facility or a secure
correctional facility or secure detention facility for juveniles;
or
(2) possesses a deadly weapon while in a correctional
facility or in a secure correctional facility or secure detention
facility for juveniles.
(e) It is an affirmative defense to prosecution under
Subsection (d)(1) of this section that the person possessed the
controlled substance or dangerous drug pursuant to a prescription
issued by a practitioner or while delivering the substance or drug
to a warehouse, pharmacy, or physician on property owned, used, or
controlled by the department, the Texas Youth Commission, or by the
operator of a secure correctional facility or secure detention
facility for juveniles. It is an affirmative defense to
prosecution under Subsection (d)(2) of this section that the person
possessing the deadly weapon is a peace officer or is an officer or
employee of the correctional facility authorized to possess the
deadly weapon while on duty or traveling to or from the person's
place of assignment.
(f) In this section:
(1) "Practitioner" has the meaning assigned by Section
481.002, Health and Safety Code.
(2) "Prescription" has the meaning assigned by Section
481.002, Health and Safety Code.
(3) "Cigarette" has the meaning assigned by Section
154.001, Tax Code.
(4) "Tobacco product" has the meaning assigned by
Section 155.001, Tax Code.
(5) "Secure correctional facility" and "secure
detention facility" have the meanings assigned by Section 51.02,
Family Code.
(i) It is an affirmative defense to prosecution under
Subsection (b) that the actor:
(1) is a duly authorized member of the clergy with
rights and privileges granted by an ordaining authority that
includes administration of a religious ritual or ceremony requiring
the presence or consumption of an alcoholic beverage; and
(2) takes four ounces or less of an alcoholic beverage
into the correctional facility or the secure correctional facility
or secure detention facility for juveniles and personally consumes
all of the alcoholic beverage or departs from the facility with any
portion of the beverage not consumed.
(j) A person commits an offense if the person while an
inmate of a correctional facility operated by or under contract
with the Texas Department of Criminal Justice or while in the
custody of a secure correctional facility or secure detention
facility for juveniles possesses a cellular telephone.
SECTION 49. Subchapter O, Chapter 521, Transportation Code,
is amended by adding Section 521.3452 to read as follows:
Sec. 521.3452. PROCEDURE IN CASES INVOLVING MINORS. (a) A
court shall report to the department a person charged with a traffic
offense under this chapter who does not appear before the court as
required by law.
(b) In addition to any other action or remedy provided by
law, the department may deny renewal of the person's driver's
license under Section 521.317 or Chapter 706.
(c) The court shall also report to the department on final
disposition of the case.
SECTION 50. Section 521.201, Transportation Code, is
amended to read as follows:
Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
department may not issue any license to a person who:
(1) is under 15 years of age;
(2) is under 18 years of age unless the person complies
with the requirements imposed by Section 521.204;
(3) is shown to be addicted to the use of alcohol, a
controlled substance, or another drug that renders a person
incapable of driving;
(4) holds a driver's license issued by this state or
another state or country that is revoked, canceled, or under
suspension;
(5) has been determined by a judgment of a court to be
totally incapacitated or incapacitated to act as the operator of a
motor vehicle unless the person has, by the date of the license
application, been:
(A) restored to capacity by judicial decree; or
(B) released from a hospital for the mentally
incapacitated on a certificate by the superintendent or
administrator of the hospital that the person has regained
capacity;
(6) the department determines to be afflicted with a
mental or physical disability or disease that prevents the person
from exercising reasonable and ordinary control over a motor
vehicle while operating the vehicle on a highway, except that a
person may not be refused a license because of a physical defect if
common experience shows that the defect does not incapacitate a
person from safely operating a motor vehicle;
(7) has been reported by a court under Section
521.3452 [729.003] for failure to appear unless the court has filed
an additional report on final disposition of the case; or
(8) has been reported by a court for failure to appear
or default in payment of a fine for a misdemeanor that is not
covered under Subdivision (7) and that is punishable by a fine only,
including a misdemeanor under a municipal ordinance, committed by a
person who was under 17 years of age at the time of the alleged
offense, unless the court has filed an additional report on final
disposition of the case.
SECTION 51. Section 521.294, Transportation Code, is
amended to read as follows:
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
REVOCATION. The department shall revoke the person's license if
the department determines that the person:
(1) is incapable of safely operating a motor vehicle;
(2) has not complied with the terms of a citation
issued by a jurisdiction that is a party to the Nonresident Violator
Compact of 1977 for a traffic violation to which that compact
applies;
(3) has failed to provide medical records or has
failed to undergo medical or other examinations as required by a
panel of the medical advisory board;
(4) has failed to pass an examination required by the
director under this chapter;
(5) has been reported by a court under Section
521.3452 [729.003] for failure to appear unless the court files an
additional report on final disposition of the case;
(6) has been reported within the preceding two years
by a justice or municipal court for failure to appear or for a
default in payment of a fine for a misdemeanor punishable only by
fine, other than a failure reported under Section 521.3452
[729.003], committed by a person who is at least 14 years of age but
younger than 17 years of age when the offense was committed, unless
the court files an additional report on final disposition of the
case; or
(7) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for revocation.
SECTION 52. The following sections are repealed:
(1) Section 106.11, Alcoholic Beverage Code; and
(2) Section 729.003, Transportation Code.
SECTION 53. The legislature finds in relationship to
Section 51.07, Family Code, as amended by this Act, and Sections
51.071, 51.072, 51.073, 51.074, and 51.075, Family Code, as added
by this Act, that:
(1) children and families in Texas are becoming
increasingly mobile and children on probation frequently move to
other counties in the state;
(2) when children on probation move from one county to
another, it is in the interests of the child, the child's family,
and society that probation supervision continue with as little
interruption as possible;
(3) if a child on probation in a county to which
probation has been transferred violates a condition of probation,
the transfer should not impede appropriate legal consequences for
the violation;
(4) numerous issues are raised by transfer of
probation between counties that are not currently addressed by law
but that should be resolved;
(5) the county to which supervision has been
transferred should provide similar supervision and services to
transferred children as is provided to children adjudicated in that
county; and
(6) the current informal system of courtesy
supervision provides neither the assistance to the child nor the
protection of the public that should be provided.
SECTION 54. (a) Except as otherwise provided by this
section, this Act applies only to conduct that occurs on or after
the effective date of this Act. Conduct violating the penal law of
this state occurs on or after the effective date of this Act if any
element of the violation occurs on or after that date.
(b) Conduct that occurs before the effective date of this
Act is governed by the law in effect at the time the conduct
occurred, and that law is continued in effect for that purpose.
(c) The following sections of this Act apply to a judicial
proceeding that occurs or an official action or decision that is
made on or after the effective date of this Act without regard to
whether any prior event connected to the proceeding, action, or
decision occurred before the effective date of this Act:
(1) Sections 51.21, 52.0151, 54.0408, and 58.211,
Family Code, as added by this Act;
(2) Sections 51.20, 53.03, 54.01, 54.012, 54.05,
58.003, 58.104, 58.203, and 58.207, Family Code, as amended by this
Act;
(3) Articles 15.27, 24.011, and 45.0215, Code of
Criminal Procedure, as amended by this Act; and
(4) Section 61.0432, Human Resources Code, as amended
by this Act.
SECTION 55. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1575 was passed by the House on May 9, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1575 on May 27, 2005, by the following vote: Yeas 139, Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House I certify that H.B. No. 1575 was passed by the Senate, with amendments, on May 25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate APPROVED: __________________
Date
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Governor