Bill Text: TX SB1440 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to adjudication and disposition of juvenile conduct.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-05-19 - Committee report sent to Calendars [SB1440 Detail]
Download: Texas-2013-SB1440-Engrossed.html
By: West | S.B. No. 1440 |
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relating to adjudication and disposition of juvenile conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 4.19, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN | ||
ADULT [ |
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to detain a person under the age of 17 who has been certified to | ||
stand trial as an adult [ |
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facility under Section 54.02(h), Family Code, the judge of the | ||
criminal court having jurisdiction over the person [ |
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order the person [ |
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facility [ |
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child who is transferred to an adult facility must be detained under | ||
conditions meeting the requirements of Section 51.12, Family Code. | ||
(b) On the 17th birthday of a person described by Subsection | ||
(a) who is detained in a certified juvenile detention facility | ||
under Section 54.02(h), Family Code, the judge of the criminal | ||
court having jurisdiction over the person shall order the person to | ||
be transferred to an adult facility. | ||
SECTION 2. Article 24.011, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding Subsection (d-1) to | ||
read as follows: | ||
(c) If the witness is in a placement in the custody of the | ||
Texas Juvenile Justice Department [ |
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secure detention facility, or a juvenile secure correctional | ||
facility, the court may issue a bench warrant or direct that an | ||
attachment issue to require a peace officer or probation officer to | ||
secure custody of the person at the placement and produce the person | ||
in court. When the person is no longer needed as a witness or the | ||
period prescribed by Subsection (d-1) has expired without | ||
extension, the court shall order the peace officer or probation | ||
officer to return the person to the placement from which the person | ||
was released. | ||
(d-1) A witness younger than 17 years of age held in custody | ||
under this article may be placed in a certified juvenile detention | ||
facility for a period not to exceed 30 days. The length of | ||
placement may be extended in increments of 30 days by the court that | ||
issued the original bench warrant. If the placement is not | ||
extended, the period under this article expires and the witness may | ||
be returned as provided by Subsection (c). | ||
SECTION 3. Subsection (f), Article 45.0216, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(f) The court shall order the conviction, together with all | ||
complaints, verdicts, sentences, and prosecutorial and law | ||
enforcement records, and any other documents relating to the | ||
offense, expunged from the person's record if the court finds that: | ||
(1) for a person applying for the expunction of a | ||
conviction for an offense described by Section 8.07(a)(4) or (5), | ||
Penal Code, the person was not convicted of any other offense | ||
described by Section 8.07(a)(4) or (5), Penal Code, while the | ||
person was a child; and | ||
(2) for a person applying for the expunction of a | ||
conviction for an offense described by Section 43.261, Penal Code, | ||
the person was not found to have engaged in conduct indicating a | ||
need for supervision described by Section 51.03(b)(8) | ||
[ |
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SECTION 4. Subsection (b), Section 51.03, Family Code, as | ||
amended by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of | ||
the 82nd Legislature, Regular Session, 2011, is reenacted and | ||
amended to read as follows: | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) the absence of a child on 10 or more days or parts | ||
of days within a six-month period in the same school year or on | ||
three or more days or parts of days within a four-week period from | ||
school; | ||
(3) the voluntary absence of a child from the child's | ||
home without the consent of the child's parent or guardian for a | ||
substantial length of time or without intent to return; | ||
(4) conduct prohibited by city ordinance or by state | ||
law involving the inhalation of the fumes or vapors of paint and | ||
other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(5) an act that violates a school district's | ||
previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(c), | ||
Education Code; | ||
(6) conduct that violates a reasonable and lawful | ||
order of a court entered under Section 264.305; [ |
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(7) notwithstanding Subsection (a)(1), conduct | ||
described by Section 43.02(a)(1) or (2), Penal Code; or | ||
(8) notwithstanding Subsection (a)(1), [ |
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that violates Section 43.261, Penal Code. | ||
SECTION 5. Section 51.0412, Family Code, is amended to read | ||
as follows: | ||
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. | ||
The court retains jurisdiction over a person, without regard to the | ||
age of the person, who is a respondent in an adjudication | ||
proceeding, a disposition proceeding, a proceeding to modify | ||
disposition, a proceeding for waiver of jurisdiction and transfer | ||
to criminal court under Section 54.02(a), or a motion for transfer | ||
of determinate sentence probation to an appropriate district court | ||
if: | ||
(1) the petition or motion [ |
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the respondent was younger than 18 [ |
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of age, as applicable; | ||
(2) the proceeding is not complete before the | ||
respondent becomes 18 or 19 years of age, as applicable; and | ||
(3) the court enters a finding in the proceeding that | ||
the prosecuting attorney exercised due diligence in an attempt to | ||
complete the proceeding before the respondent became 18 or 19 years | ||
of age, as applicable. | ||
SECTION 6. 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, the juvenile court may transfer the case and transcripts of | ||
records and documents to the juvenile court of the county where the | ||
child resides for disposition of the case under Section 54.04. | ||
Consent by the court of the county where the child resides is not | ||
required. | ||
(b) For purposes of Subsection (a), while a child is the | ||
subject of a suit under Title 5, the child is considered to reside | ||
in the county in which the court of continuing exclusive | ||
jurisdiction over the child is located. | ||
SECTION 7. Section 51.072, Family Code, is amended by | ||
amending Subsection (f) and adding Subsections (f-2), (j-1), and | ||
(j-2) to read as follows: | ||
(f) Not later than 10 business days after a receiving county | ||
has agreed to provide interim supervision of a child, the juvenile | ||
probation department of the sending county shall provide the | ||
juvenile probation department of the receiving county with a copy | ||
of the following documents: | ||
(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 Justice Department [ |
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(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; [ |
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(18) any victim information concerning the case for | ||
which the child is on probation; and | ||
(19) if applicable, documentation that the sending | ||
county has required the child to provide a DNA sample to the | ||
Department of Public Safety under Section 54.0405 or 54.0409 or | ||
under Subchapter G, Chapter 411, Government Code. | ||
(f-2) On initiating a transfer of probation supervision | ||
under this section, for a child ordered to submit a DNA sample as a | ||
condition of probation, the sending county shall provide to the | ||
receiving county documentation of compliance with the requirements | ||
of Section 54.0405 or 54.0409 or of Subchapter G, Chapter 411, | ||
Government Code, as applicable. If the sending county has not | ||
provided the documentation required under this section within the | ||
time provided by Subsection (f), the receiving county may refuse to | ||
accept interim supervision until the sending county has provided | ||
the documentation. | ||
(j-1) Notwithstanding Subsection (j), the sending county | ||
may request interim supervision from the receiving county that | ||
issued a directive under Subsection (i)(2). Following the | ||
conclusion of any judicial proceedings in the sending county or on | ||
the completion of any residential placement ordered by the juvenile | ||
court of the sending county, the sending and receiving counties may | ||
mutually agree to return the child to the receiving county. The | ||
sending and receiving counties may take into consideration whether: | ||
(1) the person having legal custody of the child | ||
resides in the receiving county; | ||
(2) the child has been ordered by the juvenile court of | ||
the sending county to reside with a parent, guardian, or other | ||
person who resides in the sending county or any other county; and | ||
(3) the case meets the statutory requirements for | ||
collaborative supervision. | ||
(j-2) The period of interim supervision under Subsection | ||
(j-1) may not exceed the period under Subsection (m). | ||
SECTION 8. Subsections (d) and (e), Section 51.13, Family | ||
Code, are amended to read as follows: | ||
(d) An adjudication under Section 54.03 that a child engaged | ||
in conduct that occurred on or after January 1, 1996, and that | ||
constitutes a felony offense resulting in commitment to the Texas | ||
Juvenile Justice Department [ |
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54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony | ||
conviction only for the purposes of Sections 12.42(a), (b), and | ||
(c)(1), [ |
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(e) A finding that a child engaged in conduct indicating a | ||
need for supervision as described by Section 51.03(b)(8) | ||
[ |
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43.261(c) and (d), Penal Code. | ||
SECTION 9. Subsection (c), Section 51.17, Family Code, is | ||
amended to read as follows: | ||
(c) Except as otherwise provided by this title, the Texas | ||
Rules of Evidence applicable [ |
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33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in | ||
a judicial proceeding under this title. | ||
SECTION 10. Section 52.0151, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) If a witness is in a placement in the custody of the | ||
Texas Juvenile Justice Department [ |
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secure detention facility, or a juvenile secure correctional | ||
facility, the court may issue a bench warrant or direct that an | ||
attachment issue to require a peace officer or probation officer to | ||
secure custody of the person at the placement and produce the person | ||
in court. Once the person is no longer needed as a witness or the | ||
period prescribed by Subsection (c) has expired without extension, | ||
the court shall order the peace officer or probation officer to | ||
return the person to the placement from which the person was | ||
released. | ||
(c) A witness held in custody under this section may be | ||
placed in a certified juvenile detention facility for a period not | ||
to exceed 30 days. The length of placement may be extended in | ||
30-day increments by the court that issued the original bench | ||
warrant. If the placement is not extended, the period under this | ||
section expires and the witness may be returned as provided by | ||
Subsection (a). | ||
SECTION 11. The heading to Section 53.045, Family Code, is | ||
amended to read as follows: | ||
Sec. 53.045. OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE | ||
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SECTION 12. Subsection (e), Section 54.011, Family Code, is | ||
amended to read as follows: | ||
(e) A status offender may be detained for a necessary | ||
period, not to exceed the period allowed under the Interstate | ||
Compact for Juveniles [ |
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the child's home in another state under Chapter 60. | ||
SECTION 13. Section 54.02, Family Code, is amended by | ||
adding Subsection (h-1) and amending Subsections (k) and (l) to | ||
read as follows: | ||
(h-1) If the juvenile court orders a person detained in a | ||
certified juvenile detention facility under Subsection (h), the | ||
juvenile court shall set or deny bond for the person as required by | ||
the Code of Criminal Procedure and other law applicable to the | ||
pretrial detention of adults accused of criminal offenses. | ||
(k) The petition and notice requirements of Sections 53.04, | ||
53.05, 53.06, and 53.07 of this code must be satisfied, and the | ||
summons must state that the hearing is for the purpose of | ||
considering waiver of jurisdiction under Subsection (j) [ |
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litem is not considered a party to a proceeding under Subsection (j) | ||
and it is not necessary to provide the parent, custodian, guardian, | ||
or guardian ad litem with notice. | ||
(l) The juvenile court shall conduct a hearing without a | ||
jury to consider waiver of jurisdiction under Subsection (j) [ |
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waiver of jurisdiction under Subsection (j) may be made without the | ||
necessity of conducting the diagnostic study or complying with the | ||
requirements of discretionary transfer proceedings under | ||
Subsection (d). If requested by the attorney for the person at | ||
least 10 days before the transfer hearing, the court shall order | ||
that the person be examined pursuant to Section 51.20(a) and that | ||
the results of the examination be provided to the attorney for the | ||
person and the attorney for the state at least five days before the | ||
transfer hearing. | ||
SECTION 14. Subsection (a), Section 54.0404, Family Code, | ||
is amended to read as follows: | ||
(a) If a child is found to have engaged in conduct | ||
indicating a need for supervision described by Section 51.03(b)(8) | ||
[ |
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child to attend and successfully complete an educational program | ||
described by Section 37.218, Education Code, or another equivalent | ||
educational program. | ||
SECTION 15. The heading to Section 56.03, Family Code, is | ||
amended to read as follows: | ||
Sec. 56.03. APPEAL BY STATE IN CASES OF OFFENSES ELIGIBLE | ||
FOR DETERMINATE SENTENCE [ |
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SECTION 16. Subsection (c-3), Section 58.003, Family Code, | ||
as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is redesignated as Subsection (c-5), Section | ||
58.003, Family Code, to read as follows: | ||
(c-5) [ |
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subject to Subsection (b), a juvenile court may order the sealing of | ||
records concerning a child found to have engaged in conduct | ||
indicating a need for supervision that violates Section 43.261, | ||
Penal Code, or taken into custody to determine whether the child | ||
engaged in conduct indicating a need for supervision that violates | ||
Section 43.261, Penal Code, if the child attends and successfully | ||
completes an educational program described by Section 37.218, | ||
Education Code, or another equivalent educational program. The | ||
court may: | ||
(1) order the sealing of the records immediately and | ||
without a hearing; or | ||
(2) hold a hearing to determine whether to seal the | ||
records. | ||
SECTION 17. Subsection (c-4), Section 58.003, Family Code, | ||
as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is redesignated as Subsection (c-6), Section | ||
58.003, Family Code, and amended to read as follows: | ||
(c-6) [ |
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department may maintain until a child's 17th birthday a separate | ||
record of the child's name and date of birth and the date on which | ||
the child successfully completed the educational program, if the | ||
child's records are sealed under Subsection (c-5) [ |
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prosecuting attorney or juvenile probation department, as | ||
applicable, shall send the record to the court as soon as | ||
practicable after the child's 17th birthday to be added to the | ||
child's other sealed records. | ||
SECTION 18. Subsection (d), Section 58.003, Family Code, as | ||
amended by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of | ||
the 82nd Legislature, Regular Session, 2011, is reenacted and | ||
amended to read as follows: | ||
(d) The court may grant to a child the relief authorized in | ||
Subsection (a), (c-1), [ |
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discharge of the child or after the last official action in the case | ||
if there was no adjudication, subject, if applicable, to Subsection | ||
(e). If the child is referred to the juvenile court for conduct | ||
constituting any offense and at the adjudication hearing the child | ||
is found to be not guilty of each offense alleged, the court shall | ||
immediately and without any additional hearing order the sealing of | ||
all files and records relating to the case. | ||
SECTION 19. Subsection (g-1), Section 58.003, Family Code, | ||
is amended to read as follows: | ||
(g-1) Statistical data [ |
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maintained by the Texas Juvenile Justice Department, including | ||
statistical data submitted under Section 221.007, Human Resources | ||
Code, is [ |
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section. | ||
SECTION 20. Subsection (a), Section 58.203, Family Code, is | ||
amended to read as follows: | ||
(a) The department shall certify to the juvenile probation | ||
department to which a referral was made that resulted in | ||
information being submitted to the juvenile justice information | ||
system that the records relating to a person's juvenile case are | ||
subject to automatic restriction of access if: | ||
(1) the person is at least 17 years of age; | ||
(2) the juvenile case did not include [ |
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proceedings in the juvenile court under Section 53.045; and | ||
(3) the juvenile case was not certified for trial in | ||
criminal court under Section 54.02. | ||
SECTION 21. Subsection (b), Section 58.204, Family Code, is | ||
amended to read as follows: | ||
(b) On certification of records in a case under Section | ||
58.203, the department may permit access to the information in the | ||
juvenile justice information system relating to the case of an | ||
individual only: | ||
(1) by a criminal justice agency for a criminal | ||
justice purpose, as those terms are defined by Section 411.082, | ||
Government Code; [ |
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(2) for research purposes, by the Texas Juvenile | ||
Justice Department; | ||
(3) by the person who is the subject of the records on | ||
an order from the juvenile court granting the petition filed by or | ||
on behalf of the person who is the subject of the records; | ||
(4) with the permission of the juvenile court at the | ||
request of the person who is the subject of the records; or | ||
(5) with the permission of the juvenile court, by a | ||
party to a civil suit if the person who is the subject of the records | ||
has put facts relating to the person's records at issue in the suit | ||
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SECTION 22. Section 58.207, Family Code, is amended to read | ||
as follows: | ||
Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. | ||
(a) On certification of records in a case under Section 58.203, | ||
the juvenile court shall order: | ||
(1) that the following records relating to the case | ||
may be accessed only as provided by Section 58.204(b): | ||
(A) if the respondent was committed to the Texas | ||
Juvenile Justice Department [ |
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by the department [ |
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(B) records maintained by the juvenile probation | ||
department; | ||
(C) records maintained by the clerk of the court; | ||
(D) records maintained by the prosecutor's | ||
office; and | ||
(E) records maintained by a law enforcement | ||
agency; and | ||
(2) the juvenile probation department to make a | ||
reasonable effort to notify the person who is the subject of records | ||
for which access has been restricted of the action restricting | ||
access and the legal significance of the action for the person, but | ||
only if the person has requested the notification in writing and has | ||
provided the juvenile probation department with a current address. | ||
(b) Except as provided by Subsection (c), on [ |
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an order under Subsection (a)(1), the agency maintaining the | ||
records: | ||
(1) may allow access only as provided by Section | ||
58.204(b); and | ||
(2) shall respond to a request for information about | ||
the records by stating that the records do not exist. | ||
(c) Subsection (b) does not apply if: | ||
(1) the subject of an order issued under Subsection | ||
(a)(1) is under the jurisdiction of the juvenile court or the Texas | ||
Juvenile Justice Department; or | ||
(2) the agency has received notice that the records | ||
are not subject to restricted access under Section 58.211. | ||
(d) Notwithstanding Subsection (b) and Section 58.206(b), | ||
with the permission of the subject of the records, an agency listed | ||
in Subsection (a)(1) may permit the state military forces or the | ||
United States military forces to have access to juvenile records | ||
held by that agency. On receipt of a request from the state | ||
military forces or the United States military forces, an agency may | ||
provide access to juvenile records held by that agency in the same | ||
manner authorized by law for records that have not been restricted | ||
under Subsection (a). | ||
SECTION 23. Section 58.209, Family Code, is amended to read | ||
as follows: | ||
Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR | ||
TEXAS JUVENILE JUSTICE DEPARTMENT [ |
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child is placed on probation for an offense that may be eligible for | ||
automatic restricted access at age 17 or when a child is received by | ||
the Texas Juvenile Justice Department [ |
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indeterminate commitment, a probation officer or an official at the | ||
Texas Juvenile Justice Department [ |
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center, as soon as practicable, shall explain the substance of the | ||
following information to the child: | ||
(1) if the child was adjudicated as having committed | ||
delinquent conduct for a felony or jailable misdemeanor, that the | ||
child probably has a juvenile record with the department and the | ||
Federal Bureau of Investigation; | ||
(2) that the child's juvenile record is a permanent | ||
record that is not destroyed or erased unless the record is eligible | ||
for sealing and the child or the child's family hires a lawyer and | ||
files a petition in court to have the record sealed; | ||
(3) that the child's juvenile record, other than | ||
treatment records made confidential by law, can be accessed by | ||
police, sheriff's officers, prosecutors, probation officers, | ||
correctional officers, and other criminal and juvenile justice | ||
officials in this state and elsewhere; | ||
(4) that the child's juvenile record, other than | ||
treatment records made confidential by law, can be accessed by | ||
employers, educational institutions, licensing agencies, and other | ||
organizations when the child applies for employment or educational | ||
programs; | ||
(5) if the child's juvenile record is placed on | ||
restricted access when the child becomes 17 years of age, that | ||
access will be denied to employers, educational institutions, and | ||
others except for criminal justice agencies; [ |
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(6) that restricted access does not require any action | ||
by the child or the child's family, including the filing of a | ||
petition or hiring of a lawyer, but occurs automatically at age 17; | ||
and | ||
(7) that if the child is under the jurisdiction of the | ||
juvenile court or the Texas Juvenile Justice Department on or after | ||
the child's 17th birthday, the law regarding restricted access will | ||
not apply until the person is discharged from the jurisdiction of | ||
the court or department, as appropriate. | ||
(b) The probation officer or Texas Juvenile Justice | ||
Department [ |
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(1) give the child a written copy of the explanation | ||
provided; and | ||
(2) communicate the same information to at least one | ||
of the child's parents or, if none can be found, to the child's | ||
guardian or custodian. | ||
(c) The Texas Juvenile Justice Department [ |
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implement this section and to facilitate the effective explanation | ||
of the information required to be communicated by this section. | ||
SECTION 24. Subsection (a), Section 23.101, Government | ||
Code, is amended to read as follows: | ||
(a) The trial courts of this state shall regularly and | ||
frequently set hearings and trials of pending matters, giving | ||
preference to hearings and trials of the following: | ||
(1) temporary injunctions; | ||
(2) criminal actions, with the following actions given | ||
preference over other criminal actions: | ||
(A) criminal actions against defendants who are | ||
detained in jail pending trial; | ||
(B) criminal actions involving a charge that a | ||
person committed an act of family violence, as defined by Section | ||
71.004, Family Code; | ||
(C) an offense under: | ||
(i) Section 21.02 or 21.11, Penal Code; | ||
(ii) Chapter 22, Penal Code, if the victim | ||
of the alleged offense is younger than 17 years of age; | ||
(iii) Section 25.02, Penal Code, if the | ||
victim of the alleged offense is younger than 17 years of age; | ||
(iv) Section 25.06, Penal Code; | ||
(v) Section 43.25, Penal Code; or | ||
(vi) Section 20A.03, Penal Code; | ||
(D) an offense described by Article 62.001(6)(C) | ||
or (D), Code of Criminal Procedure; and | ||
(E) criminal actions against persons [ |
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who are detained as provided by Section 51.12, Family Code, after | ||
transfer for prosecution in criminal court under Section 54.02, | ||
Family Code; | ||
(3) election contests and suits under the Election | ||
Code; | ||
(4) orders for the protection of the family under | ||
Subtitle B, Title 4, Family Code; | ||
(5) appeals of final rulings and decisions of the | ||
division of workers' compensation of the Texas Department of | ||
Insurance regarding workers' compensation claims and claims under | ||
the Federal Employers' Liability Act and the Jones Act; | ||
(6) appeals of final orders of the commissioner of the | ||
General Land Office under Section 51.3021, Natural Resources Code; | ||
(7) actions in which the claimant has been diagnosed | ||
with malignant mesothelioma, other malignant asbestos-related | ||
cancer, malignant silica-related cancer, or acute silicosis; and | ||
(8) appeals brought under Section 42.01 or 42.015, Tax | ||
Code, of orders of appraisal review boards of appraisal districts | ||
established for counties with a population of less than 175,000. | ||
SECTION 25. Section 243.005, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 243.005. INFORMATION PROVIDED BY COMMITTING COURT. In | ||
addition to the information provided under Section 243.004, a court | ||
that commits a child to the department shall provide the department | ||
with a copy of the following documents: | ||
(1) the petition and the adjudication and disposition | ||
orders for the child, including the child's thumbprint; | ||
(2) if the commitment is a result of revocation of | ||
probation, a copy of the conditions of probation and the revocation | ||
order; | ||
(3) the social history report for the child; | ||
(4) any psychological or psychiatric reports | ||
concerning the child; | ||
(5) the contact information sheet for the child's | ||
parents or guardian; | ||
(6) any law enforcement incident reports concerning | ||
the offense for which the child is committed; | ||
(7) any sex offender registration information | ||
concerning the child; | ||
(8) any juvenile probation department progress | ||
reports concerning the child; | ||
(9) any assessment documents concerning the child; | ||
(10) the computerized referral and case history for | ||
the child, including case disposition; | ||
(11) the child's birth certificate; | ||
(12) the child's social security number or social | ||
security card, if available; | ||
(13) the name, address, and telephone number of the | ||
court administrator in the committing county; | ||
(14) Title IV-E eligibility screening information for | ||
the child, if available; | ||
(15) the address in the committing county for | ||
forwarding funds collected to which the committing county is | ||
entitled; | ||
(16) any of the child's school or immunization records | ||
that the committing county possesses; | ||
(17) any victim information concerning the case for | ||
which the child is committed; [ |
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(18) any of the child's pertinent medical records that | ||
the committing court possesses; | ||
(19) the Texas Juvenile Justice Department standard | ||
assessment tool results for the child; | ||
(20) the Department of Public Safety CR-43J form or | ||
tracking incident number concerning the child; and | ||
(21) documentation that the committing court has | ||
required the child to provide a DNA sample to the Department of | ||
Public Safety. | ||
SECTION 26. The heading to Section 244.014, Human Resources | ||
Code, is amended to read as follows: | ||
Sec. 244.014. REFERRAL OF DETERMINATE SENTENCE [ |
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SECTION 27. (a) Article 4.19, Code of Criminal Procedure, | ||
and Section 51.07, Family Code, as amended by this Act, apply to a | ||
juvenile case transfer that occurs on or after the effective date of | ||
this Act, regardless of whether the delinquent conduct or conduct | ||
indicating a need for supervision that is the basis of the case | ||
occurred before, on, or after the effective date of this Act. | ||
(b) Article 24.011, Code of Criminal Procedure, and Section | ||
52.0151, Family Code, as amended by this Act, apply to the detention | ||
of a witness that occurs on or after the effective date of this Act, | ||
regardless of whether any prior event connected to the proceeding, | ||
action, or decision occurred before the effective date of this Act. | ||
(c) Section 51.072, Family Code, as amended by this Act, | ||
applies to a request for interim supervision that is initiated on or | ||
after the effective date of this Act, regardless of whether the | ||
child was placed on probation before, on, or after the effective | ||
date of this Act. | ||
(d) Section 243.005, Human Resources Code, as amended by | ||
this Act, applies to a child who is committed to the Texas Juvenile | ||
Justice Department on or after the effective date of this Act, | ||
regardless of whether the delinquent conduct or conduct indicating | ||
a need for supervision for which the child was committed occurred | ||
before, on, or after the effective date of this Act. | ||
SECTION 28. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 29. This Act takes effect September 1, 2013. |