Bill Text: TX SB1505 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-16 - Referred to Criminal Justice [SB1505 Detail]
Download: Texas-2023-SB1505-Introduced.html
88R10843 CJD-F | ||
By: Zaffirini, Perry | S.B. No. 1505 |
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relating to youth diversion strategies and procedures for children | ||
accused of certain fine-only offenses in municipal and justice | ||
courts and related criminal justice matters; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 45, Code of Criminal Procedure, is | ||
amended by adding Subchapter E to read as follows: | ||
SUBCHAPTER E. YOUTH DIVERSION | ||
Art. 45.301. DEFINITIONS. In this subchapter: | ||
(1) "Charge" means a formal or informal allegation of | ||
an offense, including a citation, written promise to appear, | ||
complaint, or pending complaint. | ||
(2) "Child" has the meaning assigned by Article | ||
45.058(h). | ||
(3) "Court" means a justice court, municipal court, or | ||
other court subject to this chapter. | ||
(4) "Diversion" means an intervention strategy that | ||
redirects a child from formal criminal prosecution and holds the | ||
child accountable for the child's actions. The term includes | ||
diversion under Article 45.309 or 45.310. | ||
(5) "Offense" means a misdemeanor punishable by fine | ||
only, other than a traffic offense. | ||
(6) "Parent" has the meaning assigned by Article | ||
45.057(a). | ||
(7) "Service provider" means a governmental agency, | ||
political subdivision, school district, open-enrollment charter | ||
school, nonprofit organization, or other entity that provides | ||
services to children or families. | ||
(8) "Youth diversion plan" means a plan adopted under | ||
Article 45.306. | ||
Art. 45.302. APPLICABILITY. This subchapter applies only | ||
to a child who is alleged to have engaged in conduct that | ||
constitutes a misdemeanor punishable by fine only, other than a | ||
traffic offense. | ||
Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED. | ||
Nothing in this subchapter precludes: | ||
(1) a case involving a child from being referred, | ||
adjudicated, or disposed of as conduct indicating a need for | ||
supervision under Title 3, Family Code; or | ||
(2) a waiver of criminal jurisdiction and transfer of | ||
a child's case as provided by Section 51.08, Family Code. | ||
Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as | ||
otherwise provided by this subchapter, a child shall be diverted | ||
from formal criminal prosecution as provided by this subchapter. | ||
(b) A child is not eligible for diversion if the child has | ||
previously had two unsuccessful diversions under this subchapter | ||
for offenses that were not part of a single criminal episode, as | ||
defined by Section 3.01, Penal Code. | ||
(c) Notwithstanding Subsection (b), a court may find a child | ||
eligible for diversion if they have two or more prior unsuccessful | ||
diversions. | ||
(d) A child is not eligible for diversion if a diversion is | ||
objected to by the attorney representing the state. | ||
(e) A court may not divert a child from criminal prosecution | ||
as provided by this subchapter without the written consent of the | ||
child and the child's parent. | ||
Art. 45.305. DIVERSION STRATEGIES. (a) Diversion | ||
strategies include: | ||
(1) requiring a child to participate in a program, | ||
including: | ||
(A) a court-approved teen court program operated | ||
by a service provider; | ||
(B) a school-related program; | ||
(C) an educational program, including an alcohol | ||
awareness program, a tobacco awareness program, or a drug education | ||
program; | ||
(D) a rehabilitation program; or | ||
(E) a self-improvement program, including a | ||
program relating to self-esteem, leadership, self-responsibility, | ||
empathy, parenting, parental responsibility, manners, violence | ||
avoidance, anger management, life skills, wellness, or dispute | ||
resolution; | ||
(2) referring a child to a service provider for | ||
services, including: | ||
(A) at-risk youth services under Subchapter D, | ||
Chapter 264, Family Code; | ||
(B) juvenile case manager services under Article | ||
45.056; | ||
(C) work and job skills training, including job | ||
interviewing and work preparation; | ||
(D) academic monitoring or tutoring, including | ||
preparation for a high school equivalency examination administered | ||
under Section 7.111, Education Code; | ||
(E) community-based services; | ||
(F) mental health screening and clinical | ||
assessment; | ||
(G) counseling, including private or in-school | ||
counseling; or | ||
(H) mentoring services; | ||
(3) requiring a child to: | ||
(A) participate in mediation or other dispute | ||
resolution processes; | ||
(B) submit to alcohol or drug testing; or | ||
(C) substantially comply with a course of | ||
treatment prescribed by a physician or other licensed medical or | ||
mental health professional; and | ||
(4) requiring a child, by court order, to: | ||
(A) pay restitution not to exceed $100 for an | ||
offense against property under Title 7, Penal Code; | ||
(B) perform not more than 20 hours of community | ||
service; or | ||
(C) perform any other reasonable action | ||
determined by the court. | ||
(b) A diversion strategy may be imposed under: | ||
(1) an intermediate diversion under Article 45.309; | ||
(2) a diversion by a justice or judge under Article | ||
45.310; or | ||
(3) a system of graduated sanctions for certain school | ||
offenses under Section 37.144, Education Code. | ||
(c) A diversion strategy under this subchapter may not | ||
require a child who is a home-schooled student, as defined by | ||
Section 29.916, Education Code, to: | ||
(1) attend an elementary or secondary school; or | ||
(2) use an educational curriculum other than the | ||
curriculum selected by the parent. | ||
Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion | ||
plan is a written plan that describes the types of strategies that | ||
will be used to implement youth diversion. A youth diversion plan | ||
does not limit the types of diversion strategies that may be imposed | ||
under a diversion agreement under Article 45.308. | ||
(b) Each justice and municipal court shall adopt a youth | ||
diversion plan. | ||
(c) A youth diversion plan may be devised for a county or | ||
municipality or an individual court within a county or | ||
municipality. | ||
(d) In accordance with Chapter 791, Government Code, a local | ||
government may enter into an agreement with one or more local | ||
governments to create a regional youth diversion plan and | ||
collaborate in the implementation of this subchapter. | ||
(e) A youth diversion plan may include an agreement with a | ||
service provider to provide services for a diversion strategy. | ||
(f) A youth diversion plan may contain guidelines for | ||
disposition or diversion of a child's case by law enforcement. The | ||
guidelines are not mandatory. | ||
(g) A current youth diversion plan must be maintained on | ||
file for public inspection in each justice and municipal court, | ||
including courts that collaborate with one or more counties or | ||
municipalities. | ||
(h) A court or local government may adopt rules necessary to | ||
coordinate services under a youth diversion plan or to implement | ||
this subchapter. | ||
Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may | ||
designate a youth diversion coordinator to assist the court in: | ||
(1) determining whether a child is eligible for | ||
diversion; | ||
(2) employing a diversion strategy authorized by this | ||
subchapter; | ||
(3) presenting and maintaining diversion agreements; | ||
(4) monitoring diversions; | ||
(5) maintaining records regarding whether one or more | ||
diversions were successful or unsuccessful; and | ||
(6) coordinating referrals to court. | ||
(b) The responsibilities of the youth diversion coordinator | ||
may be performed by: | ||
(1) a court administrator or court clerk, or a person | ||
who regularly performs the duties of court administrator or court | ||
clerk; | ||
(2) an individual or entity that provides juvenile | ||
case manager services under Article 45.056; | ||
(3) a court-related services office; | ||
(4) a community supervision and corrections | ||
department, including a juvenile probation department; | ||
(5) a county or municipal employee, including a peace | ||
officer; | ||
(6) a community volunteer; | ||
(7) an institution of higher education, including a | ||
public, private, or independent institution of higher education; or | ||
(8) a qualified nonprofit organization as determined | ||
by the court. | ||
Art. 45.308. DIVERSION AGREEMENT. (a) A diversion | ||
agreement must identify the parties to the agreement and the | ||
responsibilities of the child and the child's parent to ensure | ||
their meaningful participation in a diversion under Article 45.309 | ||
or 45.310. | ||
(b) Stated objectives in a diversion agreement must be | ||
measurable, realistic, and reasonable and consider the | ||
circumstances of the child, the best interests of the child, and the | ||
long-term safety of the community. | ||
(c) A diversion agreement must include: | ||
(1) the terms of the agreement, including one or more | ||
diversions required to be completed by the child, written in a clear | ||
and concise manner and identifying any offense or charge being | ||
diverted; | ||
(2) possible outcomes or consequences of a successful | ||
diversion and an unsuccessful diversion; | ||
(3) an explanation that participation in a diversion | ||
is not an admission of guilt and a guilty plea is not required to | ||
participate in a diversion; | ||
(4) an explanation of the process that will be used for | ||
reviewing and monitoring compliance with the terms of the | ||
agreement; | ||
(5) the period of the diversion; | ||
(6) a verification that: | ||
(A) the child and the child's parent were | ||
notified of the child's rights, including the right to refuse | ||
diversion; and | ||
(B) the child knowingly and voluntarily consents | ||
to participate in the diversion; and | ||
(7) written acknowledgment and acceptance of the | ||
agreement by the child and the child's parent. | ||
(d) The terms of an agreement may vary depending on the | ||
circumstances of the child, including the child's age and ability, | ||
the charge being diverted, or the diversion strategy utilized. | ||
(e) A charge may not be filed against a child or, if filed, | ||
shall be dismissed if the child: | ||
(1) does not contest the charge; | ||
(2) is eligible for diversion under Article 45.304; | ||
and | ||
(3) accepts the terms of the agreement. | ||
(f) Entering into a diversion agreement under this article | ||
extends the court's jurisdiction for the term of the agreement. | ||
(g) On entering into a diversion agreement, a copy of the | ||
agreement shall be provided to the child and the child's parent, the | ||
clerk of the court, a youth diversion coordinator, and any person | ||
specified by the youth diversion plan. | ||
Art. 45.309. INTERMEDIATE DIVERSION. (a) If provided by a | ||
youth diversion plan, a youth diversion coordinator or juvenile | ||
case manager shall advise the child and the child's parent before a | ||
case is filed that the case may be diverted under this article for a | ||
reasonable period not to exceed 180 days if: | ||
(1) the child is eligible for diversion under Article | ||
45.304; | ||
(2) diversion is in the best interests of the child and | ||
promotes the long-term safety of the community; | ||
(3) the child and the child's parent consent to | ||
diversion with the knowledge that diversion is optional; and | ||
(4) the child and the child's parent are informed that | ||
they may terminate the diversion at any time and, if terminated, the | ||
case will be referred to court. | ||
(b) The terms of a diversion agreement under this article | ||
must be in writing and may include any of the diversion strategies | ||
under Article 45.305. | ||
(c) The case of a child who successfully complies with the | ||
terms of a diversion agreement under this article shall be closed | ||
and reported as successful to the court. | ||
(d) A child who does not comply with the terms of a diversion | ||
agreement under this article shall be referred to court under | ||
Article 45.311. | ||
Art. 45.310. DIVERSION BY JUSTICE OR JUDGE. (a) If a | ||
charge involving a child who is eligible for diversion is filed with | ||
a court, a justice or judge shall divert the case under this article | ||
as follows: | ||
(1) if the child does not contest the charge, a justice | ||
or judge shall divert the case under this article without the child | ||
having to enter a plea; or | ||
(2) if the child contests the charge, a justice or | ||
judge shall divert the case under this article at the conclusion of | ||
trial on a finding of guilt without entering a judgment of | ||
conviction as provided by Article 45.041. | ||
(b) A diversion under this article may not exceed 180 days. | ||
(c) The terms of a diversion agreement under this article | ||
must be in writing and may include any of the diversion strategies | ||
described by Article 45.305. | ||
(d) The case of a child who successfully complies with the | ||
terms of a diversion agreement under this article shall be closed | ||
and reported as successful to the court. | ||
(e) A child who does not comply with the terms of a diversion | ||
agreement under this article shall be referred to court for a | ||
hearing under Article 45.311. | ||
Art. 45.311. REFERRAL TO COURT. (a) A court shall conduct | ||
a non-adversarial hearing for a child who does not successfully | ||
complete the terms of a diversion under Article 45.309 or 45.310 and | ||
is referred to the court. | ||
(b) The hearing is an opportunity for a justice or judge to | ||
confer with the child and the child's parent to determine whether a | ||
diversion should be declared unsuccessful by the court. The court | ||
may also hear from any person who may be of assistance to the child | ||
or the court in determining what is in the best interests of the | ||
child and the long-term safety of the community. | ||
(c) After the hearing, a court may enter an order: | ||
(1) amending or setting aside terms in the diversion | ||
agreement; | ||
(2) extending the diversion for a period not to exceed | ||
one year from the initial start date of the diversion; | ||
(3) issuing a continuance for the hearing for a period | ||
not to exceed 60 days to allow an opportunity for compliance with | ||
the terms of the diversion; | ||
(4) subject to Subsection (d), requiring the child's | ||
parent to perform any act or refrain from performing any act as the | ||
court determines will increase the likelihood the child will | ||
successfully complete the diversion and comply with any other order | ||
of the court that is reasonable and necessary for the welfare of the | ||
child; | ||
(5) finding the diversion successful on the basis of | ||
substantial compliance; or | ||
(6) finding the diversion unsuccessful and: | ||
(A) transferring the child to juvenile court for | ||
alleged conduct indicating a need for supervision under Section | ||
51.08, Family Code; or | ||
(B) referring the charge to the prosecutor for | ||
consideration of re-filing. | ||
(d) An order under Subsection (c)(4) may not have the | ||
substantive effect of interfering with a parent's fundamental right | ||
to determine how to raise the parent's child, unless the court finds | ||
that the interference is necessary to prevent significant | ||
impairment of the child's physical, mental, or emotional health. | ||
(e) An order under Subsection (c)(4) is enforceable against | ||
the parent by contempt. | ||
(f) The statute of limitations in Article 12.02(b) is tolled | ||
during the diversion period for purposes of Subsection (c)(6)(B). | ||
Art. 45.312. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. | ||
(a) The clerk of a justice or municipal court may collect from a | ||
child's parent a $50 administrative fee to defray the costs of the | ||
diversion of the child's case under this subchapter. | ||
(b) The fee under this article may not be collected unless | ||
specified as a term of the diversion agreement accepted by the | ||
child's parent. If the fee is not paid after giving the child's | ||
parent an opportunity to be heard, the court shall order the parent, | ||
if financially able, to pay the fee to the clerk of the court. | ||
(c) A court shall waive the fee if the child's parent is | ||
indigent or does not have sufficient resources or income to pay the | ||
fee. | ||
(d) A court may adopt rules for the waiver of a fee for | ||
financial hardship under this article. | ||
(e) An order under Subsection (b) is enforceable against the | ||
parent by contempt. | ||
(f) The clerk of the court shall keep a record of the fees | ||
collected under this article and shall forward the funds to the | ||
county treasurer, municipal treasurer, or person fulfilling the | ||
role of a county treasurer or municipal treasurer, as appropriate. | ||
(g) The fee collected under this article shall be deposited | ||
in a special account that can be used only to offset the cost of the | ||
operations of youth diversion programs under this subchapter. | ||
(h) Except for the fee authorized under Subsection (a), a | ||
fee may not be assessed for a child diverted under this subchapter. | ||
(i) The diversion of a child may not be contingent on | ||
payment of a fee under this article. | ||
Art. 45.313. DIVERSION RECORDS. (a) A justice or | ||
municipal court shall maintain statistics for each diversion | ||
strategy authorized by this subchapter. | ||
(b) Other than statistical records, all records generated | ||
under this subchapter are confidential under Article 45.0217. | ||
(c) All records of a diversion pertaining to a child under | ||
this subchapter shall be expunged without the requirement of a | ||
motion or request, on the child's 18th birthday. | ||
SECTION 2. Article 45.0215(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Subject to the requirements of Subchapter E, this [ |
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article applies to a defendant who has not had the disabilities of | ||
minority removed and has been: | ||
(1) charged with an offense other than an offense | ||
under Section 43.261, Penal Code, if the defendant is younger than | ||
17 years of age; or | ||
(2) charged with an offense under Section 43.261, | ||
Penal Code, if the defendant is younger than 18 years of age. | ||
SECTION 3. Article 45.041, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-2) and amending Subsection (b-3) to | ||
read as follows: | ||
(a-2) In a case involving a child who is eligible for | ||
diversion under Article 45.304 that results in a trial, if the court | ||
determines that the evidence presented would support a finding of | ||
guilt, the court shall provide the child and the child's parents the | ||
opportunity to accept placement in diversion, under Article 45.310, | ||
instead of entering a finding of guilt. If the child and the | ||
child's parents accept the opportunity for placement in diversion | ||
under Article 45.310, the court shall place the child in diversion. | ||
If the child and the child's parents decline the opportunity for | ||
placement in diversion under Article 45.310, the court shall find | ||
the child guilty and proceed to sentencing. | ||
(b-3) If a diversion is not required under Subchapter E or | ||
Subsection (a-2), a [ |
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child, as defined by Article 45.058(h), to elect at the time of | ||
conviction, as defined by Section 133.101, Local Government Code, | ||
to discharge the fine and costs by: | ||
(1) performing community service or receiving | ||
tutoring under Article 45.049 [ |
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or | ||
(2) paying the fine and costs in a manner described by | ||
Subsection (b). | ||
SECTION 4. Articles 45.049(f) and (i), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(f) A sheriff, employee of a sheriff's department, county | ||
commissioner, county employee, county judge, justice of the peace, | ||
municipal court judge, or officer or employee of a political | ||
subdivision other than a county or an entity that accepts a | ||
defendant under this article or Subchapter E to perform community | ||
service is not liable for damages arising from an act or failure to | ||
act in connection with community service performed by a defendant | ||
under this article or Subchapter E if the act or failure to act: | ||
(1) was performed pursuant to court order; and | ||
(2) was not intentional, wilfully or wantonly | ||
negligent, or performed with conscious indifference or reckless | ||
disregard for the safety of others. | ||
(i) A community supervision and corrections department, a | ||
local juvenile probation department, or a court-related services | ||
office may provide the administrative and other services necessary | ||
for supervision of a defendant required to perform community | ||
service under this article. | ||
SECTION 5. Articles 45.056(a), (b), (d), (g), and (h), Code | ||
of Criminal Procedure, are amended 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, justice court, municipal | ||
court, school district, juvenile probation department, or other | ||
appropriate governmental entity may: | ||
(1) employ a juvenile case manager or contract for a | ||
juvenile case manager to provide services in cases involving: | ||
(A) youth diversion under Subchapter E; | ||
(B) children [ |
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a court consistent with the court's statutory powers; or | ||
(C) children who are referred to a court by a | ||
school administrator or designee for misconduct that would | ||
otherwise be within the court's statutory powers prior to a case | ||
being filed, with the consent of the juvenile and the juvenile's | ||
parents or guardians; | ||
(2) employ or contract for the services of one or more | ||
juvenile case managers who: | ||
(A) shall assist the court in administering the | ||
court's juvenile docket and in supervising the court's orders in | ||
juvenile cases; and | ||
(B) may provide: | ||
(i) prevention services to a child | ||
considered at risk of entering the juvenile justice system; and | ||
(ii) youth diversion [ |
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services to juveniles engaged in misconduct before cases are filed, | ||
excluding traffic offenses; or | ||
(3) agree in accordance with Chapter 791, Government | ||
Code, with any appropriate governmental entity to jointly employ a | ||
juvenile case manager, jointly contract for juvenile case manager | ||
services, or [ |
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manager or juvenile case manager [ |
||
(b) A local entity may apply or more than one local entity | ||
may jointly apply to the criminal justice division of the | ||
governor's office for reimbursement of all or part of the costs of | ||
employing one or more juvenile case managers or contracting for | ||
juvenile case manager services from funds appropriated to the | ||
governor's office or otherwise available for purposes of youth | ||
diversion [ |
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entity applying must present to the governor's office a | ||
comprehensive plan to reduce juvenile crimes in the entity's | ||
jurisdiction and a youth diversion plan under Article 45.306 that | ||
addresses the role of the juvenile case manager in that effort. | ||
(d) The court or governing body may pay from the local youth | ||
diversion fund established under Section 134.156, Local Government | ||
Code: | ||
(1) the salary and benefits of a juvenile case | ||
manager; | ||
(2) the costs of contracting for juvenile case manager | ||
services; and | ||
(3) the costs of training, travel, office supplies, | ||
and other necessary expenses relating to the position of the | ||
juvenile case manager and juvenile case manager services [ |
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(g) A [ |
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this article shall implement the rules adopted under Subsection | ||
(f). | ||
(h) The commissioners court or governing body of the | ||
municipality that administers a local youth [ |
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shall require periodic review of juvenile case managers to ensure | ||
the implementation of the rules adopted under Subsection (f). | ||
SECTION 6. Article 45.056(c), Code of Criminal Procedure, | ||
as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of | ||
the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
amended to read as follows: | ||
(c) An entity that jointly employs a juvenile case manager, | ||
jointly contracts for juvenile case manager services, or jointly | ||
contributes to the costs of a juvenile case manager or juvenile case | ||
manager services under Subsection (a)(3) employs a juvenile case | ||
manager for purposes of Chapter 102 of this code and Chapter 102, | ||
Government Code. | ||
SECTION 7. Article 45.056(e), Code of Criminal Procedure, | ||
as amended by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature, | ||
Regular Session, 2011, and repealed by Chapter 1098 (S.B. 1489), | ||
Acts of the 82nd Legislature, Regular Session, 2011, is reenacted | ||
and amended to read as follows: | ||
(e) A juvenile case manager [ |
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shall give priority to cases brought under Section [ |
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25.093 [ |
||
youth diversion under Subchapter E of this chapter. | ||
SECTION 8. The heading to Article 102.014, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 102.014. FINES FOR CHILD SAFETY FUND [ |
||
SECTION 9. Articles 102.014(g) and (h), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(g) In a municipality with a population less than 850,000 | ||
according to the most recent federal decennial census, the money | ||
collected under this article in a municipal court case must be used | ||
for a school crossing guard program if the municipality operates | ||
one. If the municipality does not operate a school crossing guard | ||
program or if the money received from fines from municipal court | ||
cases exceeds the amount necessary to fund the school crossing | ||
guard program, the municipality may: | ||
(1) deposit the additional money in an | ||
interest-bearing account; | ||
(2) expend the additional money for programs designed | ||
to enhance child safety, health, or nutrition, including child | ||
abuse prevention and intervention, youth diversion, and drug and | ||
alcohol abuse prevention; or | ||
(3) expend the additional money for programs designed | ||
to enhance public safety and security. | ||
(h) Money collected under this article in a justice, county, | ||
or district court shall be used to fund school crossing guard | ||
programs in the county where they are collected. If the county does | ||
not operate a school crossing guard program, the county may: | ||
(1) remit fine revenues to school districts in its | ||
jurisdiction for the purpose of providing school crossing guard | ||
services; | ||
(2) fund programs the county is authorized by law to | ||
provide which are designed to enhance child safety, health, or | ||
nutrition, including child abuse prevention and intervention, | ||
youth diversion, and drug and alcohol abuse prevention; | ||
(3) provide funding to the sheriff's department for | ||
school-related activities; | ||
(4) provide funding to the county juvenile probation | ||
department; or | ||
(5) deposit the money in the general fund of the | ||
county. | ||
SECTION 10. Article 102.0171, Code of Criminal Procedure, | ||
is amended by amending Subsections (a) and (c) and adding | ||
Subsection (e) to read as follows: | ||
(a) A defendant convicted of an offense under Section 28.08, | ||
Penal Code, in a municipal court, justice court, county court, | ||
county court at law, or district court shall pay a fine of $50 for | ||
juvenile delinquency prevention and graffiti eradication. | ||
(c) The clerks of the respective courts shall collect the | ||
fines and pay the fines to the county treasurer, municipal | ||
treasurer, or to any other official who discharges the duties | ||
commonly delegated to the county or municipal treasurer for deposit | ||
in a fund to be known as the county juvenile delinquency prevention | ||
fund or municipal juvenile delinquency prevention fund. A fund | ||
designated by this subsection may be used only to: | ||
(1) repair damage caused by the commission of offenses | ||
under Section 28.08, Penal Code; | ||
(2) provide educational and intervention programs and | ||
materials, including printed educational materials for | ||
distribution to primary and secondary school students, designed to | ||
prevent individuals from committing offenses under Section 28.08, | ||
Penal Code; | ||
(3) provide to the public rewards for identifying and | ||
aiding in the apprehension and prosecution of offenders who commit | ||
offenses under Section 28.08, Penal Code; | ||
(4) provide funding for teen recognition and teen | ||
recreation programs; | ||
(5) provide funding for local teen court programs; | ||
(6) provide funding for the local juvenile probation | ||
department; [ |
||
(7) provide educational and intervention programs | ||
designed to prevent juveniles from engaging in delinquent conduct; | ||
and | ||
(8) provide funding for youth diversion under | ||
Subchapter E, Chapter 45. | ||
(e) The municipal juvenile delinquency prevention fund | ||
shall be administered by or under the direction of the governing | ||
body of a municipality. | ||
SECTION 11. Section 264.302(e), Family Code, is amended to | ||
read as follows: | ||
(e) The department shall provide services for a child and | ||
the child's family if a contract to provide services under this | ||
section is available in the county and the child is referred to the | ||
department as an at-risk child by: | ||
(1) a juvenile court or probation department as part | ||
of a progressive sanctions program under Chapter 59; | ||
(2) a law enforcement officer or agency under Section | ||
52.03; or | ||
(3) a justice or municipal court under Article 45.057, | ||
45.309, or 45.310, Code of Criminal Procedure. | ||
SECTION 12. Section 22.1105(a), Government Code, is amended | ||
to read as follows: | ||
(a) Each judge of a court with jurisdiction to hear a | ||
complaint against a child alleging a violation of a misdemeanor | ||
offense punishable by fine only, other than a traffic offense or | ||
public intoxication or a violation of a penal ordinance of a | ||
political subdivision other than a traffic offense, shall complete | ||
a course of instruction related to youth diversion and | ||
understanding relevant issues of child welfare, including issues | ||
related to mental health and children with disabilities, [ |
||
SECTION 13. Section 133.102(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) The comptroller shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) crime stoppers assistance account | ||
0.2427 percent; | ||
(2) breath alcohol testing account | ||
0.3900 percent; | ||
(3) Bill Blackwood Law Enforcement Management | ||
Institute account | ||
1.4741 percent; | ||
(4) Texas Commission on Law Enforcement account | ||
3.4418 percent; | ||
(5) law enforcement and custodial officer supplement | ||
retirement trust fund | ||
7.2674 percent; | ||
(6) criminal justice planning account | ||
8.5748 percent; | ||
(7) an account in the state treasury to be used only | ||
for the establishment and operation of the Center for the Study and | ||
Prevention of Juvenile Crime and Delinquency at Prairie View A&M | ||
University | ||
0.8540 percent; | ||
(8) compensation to victims of crime account | ||
24.6704 percent; | ||
(9) emergency radio infrastructure account | ||
3.6913 percent; | ||
(10) judicial and court personnel training account | ||
3.3224 percent; | ||
(11) an account in the state treasury to be used for | ||
the establishment and operation of the Correctional Management | ||
Institute of Texas and Criminal Justice Center account [ |
||
0.8522 percent; | ||
(12) fair defense account | ||
17.8857 percent; | ||
(13) judicial fund | ||
12.2667 percent; | ||
(14) DNA testing account | ||
0.1394 percent; | ||
(15) specialty court account | ||
1.0377 percent; | ||
(16) statewide electronic filing system account | ||
0.5485 percent; | ||
(17) jury service fund | ||
6.4090 percent; | ||
(18) youth [ |
||
2.5956 percent; and | ||
(19) transportation administrative fee account | ||
4.3363 percent. | ||
SECTION 14. Section 133.125, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 133.125. ALLOCATION OF FEES TO YOUTH [ |
||
general revenue fund. The account consists of money allocated to | ||
the account under Section 133.102(e). | ||
(b) The legislature may appropriate money from the youth | ||
[ |
||
justice division of the governor's office for distribution to local | ||
governmental entities for youth diversion [ |
||
(c) A local governmental entity may request funds from the | ||
criminal justice division of the governor's office for providing | ||
youth diversion [ |
||
The division may award the requested funds based on the | ||
availability of appropriated funds and subject to the application | ||
procedure and eligibility requirements specified by division rule. | ||
SECTION 15. Section 134.103(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The treasurer shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the courthouse security fund or municipal court | ||
building security fund, as appropriate | ||
35 percent; | ||
(2) the local youth [ |
||
fund | ||
35.7143 percent; | ||
(3) the justice court technology fund or municipal | ||
court technology fund, as appropriate | ||
28.5714 percent; and | ||
(4) the county or municipal jury fund, as appropriate | ||
0.7143 percent. | ||
SECTION 16. The heading to Section 134.156, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 134.156. LOCAL YOUTH [ |
||
DIVERSION FUND. | ||
SECTION 17. Section 134.156, Local Government Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) In a county or municipality that employs or contracts | ||
with a juvenile case manager under Article 45.056, Code of Criminal | ||
Procedure, money [ |
||
local youth [ |
||
the county or municipal treasury as required by Section 134.151 may | ||
be used by a county or municipality to finance the salary, benefits, | ||
training, travel expenses, office supplies, and other necessary | ||
expenses relating to the position of a juvenile case manager | ||
[ |
||
there is money in the fund after those costs are paid, subject to | ||
the direction of the governing body of the county or municipality | ||
and on approval by the employing court, a juvenile case manager may | ||
direct the remaining money to be used to implement programs | ||
directly related to the duties of the juvenile case manager, | ||
including juvenile alcohol and substance abuse programs, | ||
educational and leadership programs, and any other projects | ||
designed to prevent or reduce the number of juvenile referrals to | ||
the court. | ||
(a-1) In a county or municipality that does not employ or | ||
contract with a juvenile case manager, the governing body of the | ||
county or municipality, in consultation with the court, may direct | ||
money described by Subsection (a) to be used for the support of a | ||
local mental health authority, juvenile alcohol and substance abuse | ||
programs, educational and leadership programs, teen court | ||
programs, and any other project designed to prevent or reduce the | ||
number of juvenile referrals to the court. | ||
SECTION 18. Not later than January 1, 2025, each justice and | ||
municipal court shall implement a youth diversion plan under | ||
Subchapter E, Chapter 45, Code of Criminal Procedure, as added by | ||
this Act. | ||
SECTION 19. The changes in law made by this Act apply only | ||
to an offense committed on or after January 1, 2025. An offense | ||
committed before January 1, 2025, is governed by the law in effect | ||
on the date the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before January 1, 2025, if any element of | ||
the offense occurred before that date. | ||
SECTION 20. This Act takes effect January 1, 2024. |