Bill Text: TX HB1204 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to the provision of services as an alternative to adjudication for certain children who engage in conduct in need of supervision or delinquent conduct and to a study on certain juvenile justice issues.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2017-06-12 - Effective on 9/1/17 [HB1204 Detail]

Download: Texas-2017-HB1204-Enrolled.html

---

H.B. No. 1204

AN ACT
relating to the provision of services as an alternative to
adjudication for certain children who engage in conduct in need of
supervision or delinquent conduct and to a study on certain
juvenile justice issues.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.01, Family Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) The person who is conducting the preliminary
investigation shall, as appropriate, refer the child's case to a
community resource coordination group, a local-level interagency
staffing group, or other community juvenile service provider for
services under Section 53.011, if the person determines that:
(1) the child is younger than 12 years of age;
(2) there is probable cause to believe the child
engaged in delinquent conduct or conduct indicating a need for
supervision;
(3) the child's case does not require referral to the
prosecuting attorney under Subsection (d) or (f);
(4) the child is eligible for deferred prosecution
under Section 53.03; and
(5) the child and the child's family are not currently
receiving services under Section 53.011 and would benefit from
receiving the services.
SECTION 2. Chapter 53, Family Code, is amended by adding
Section 53.011 to read as follows:
Sec. 53.011. SERVICES PROVIDED TO CERTAIN CHILDREN AND
FAMILIES. (a) In this section:
(1) "Community resource coordination group" has the
meaning assigned by Section 531.421, Government Code.
(2) "Local-level interagency staffing group" means a
group established under the memorandum of understanding described
by Section 531.055, Government Code.
(b) On receipt of a referral under Section 53.01(b-1), a
community resource coordination group, a local-level interagency
staffing group, or another community juvenile services provider
shall evaluate the child's case and make recommendations to the
juvenile probation department for appropriate services for the
child and the child's family.
(c) The probation officer shall create and coordinate a
service plan or system of care for the child or the child's family
that incorporates the service recommendations for the child or the
child's family provided to the juvenile probation department under
Subsection (b). The child and the child's parent, guardian, or
custodian must consent to the services with knowledge that consent
is voluntary.
(d) For a child who receives a service plan or system of care
under this section, the probation officer may hold the child's case
open for not more than three months to monitor adherence to the
service plan or system of care. The probation officer may adjust the
service plan or system of care as necessary during the monitoring
period. The probation officer may refer the child to the
prosecuting attorney if the child fails to successfully participate
in required services during that period.
SECTION 3. Subchapter A, Chapter 152, Human Resources Code,
is amended by adding Section 152.00145 to read as follows:
Sec. 152.00145. DIVERSION AND DETENTION POLICY FOR CERTAIN
JUVENILES. A juvenile board shall establish policies that
prioritize:
(1) the diversion of children younger than 12 years of
age from referral to a prosecuting attorney under Chapter 53,
Family Code; and
(2) the limitation of detention of children younger
than 12 years of age to circumstances of last resort.
SECTION 4. (a) The Office of Court Administration of the
Texas Judicial System shall conduct a study to examine the use of
the terms "juvenile," "child," and "minor" throughout the criminal
justice and juvenile justice statutes of this state and the varying
definitions assigned those terms. The study shall also determine
whether:
(1) adjudication under the adult criminal justice
system of juveniles charged with misdemeanors punishable by fine
only is just and efficient; and
(2) certain procedures under the juvenile justice
system if used in the adjudication of juveniles charged with
misdemeanors punishable by fine only would provide a more just and
efficient process for responding to violations of the law by
juvenile offenders.
(b) In conducting the study under Subsection (a) of this
section, the Office of Court Administration of the Texas Judicial
System shall consult with the chair of the senate criminal justice
committee, the chair of the juvenile justice and family issues
committee of the house of representatives, and the chair of the
corrections committee of the house of representatives.
(c) Not later than December 1, 2018, the Office of Court
Administration of the Texas Judicial System shall submit a report
containing the results of the study conducted under Subsection (a)
of this section to the governor, the lieutenant governor, the
speaker of the house of representatives, and the appropriate
standing committees of the senate and the house of representatives.
(d) This section expires December 1, 2019.
SECTION 5. The changes in law made by this Act apply only to
a child who engages in conduct that occurs on or after the effective
date of this Act. A child who engages in conduct that occurs before
the effective date of this Act is governed by the law in effect on
the date the conduct occurred, and the former law is continued in
effect for that purpose. For purposes of this section, conduct
occurs before the effective date of this Act if any element of the
conduct occurs before that date.
SECTION 6. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1204 was passed by the House on April
28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1204 on May 26, 2017, by the following vote: Yeas 143, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1204 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor