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