Bill Text: TX HB2496 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to creating a teen dating violence court program and the deferral of adjudication and dismissal of certain dating violence cases.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2496 Detail]
Download: Texas-2011-HB2496-Enrolled.html
H.B. No. 2496 |
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relating to creating a teen dating violence court program and the | ||
deferral of adjudication and dismissal of certain dating violence | ||
cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 54, Family Code, is amended by adding | ||
Section 54.0325 to read as follows: | ||
Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF | ||
CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM. | ||
(a) In this section: | ||
(1) "Dating violence" has the meaning assigned by | ||
Section 71.0021. | ||
(2) "Family violence" has the meaning assigned by | ||
Section 71.004. | ||
(3) "Teen dating violence court program" means a | ||
program that includes: | ||
(A) a 12-week program designed to educate | ||
children who engage in dating violence and encourage them to | ||
refrain from engaging in that conduct; | ||
(B) a dedicated teen victim advocate who assists | ||
teen victims by offering referrals to additional services, | ||
providing counseling and safety planning, and explaining the | ||
juvenile justice system; | ||
(C) a court-employed resource coordinator to | ||
monitor children's compliance with the 12-week program; | ||
(D) one judge who presides over all of the cases | ||
in the jurisdiction that qualify for the program; and | ||
(E) an attorney in the district attorney's office | ||
or the county attorney's office who is assigned to the program. | ||
(b) On the recommendation of the prosecuting attorney, the | ||
juvenile court may defer adjudication proceedings under Section | ||
54.03 for not more than 180 days if the child is a first offender who | ||
is alleged to have engaged in conduct: | ||
(1) that violated a penal law of this state of the | ||
grade of misdemeanor; and | ||
(2) involving dating violence. | ||
(c) For the purposes of Subsection (b), a first offender is | ||
a child who has not previously been referred to juvenile court for | ||
allegedly engaging in conduct constituting dating violence, family | ||
violence, or an assault. | ||
(d) Before implementation, the teen dating violence court | ||
program must be approved by: | ||
(1) the court; and | ||
(2) the commissioners court of the county. | ||
(e) A child for whom adjudication proceedings are deferred | ||
under Subsection (b) shall: | ||
(1) complete the teen dating violence court program | ||
not later than the last day of the deferral period; and | ||
(2) appear in court once a month for monitoring | ||
purposes. | ||
(f) The court shall dismiss the case with prejudice at the | ||
time the child presents satisfactory evidence that the child has | ||
successfully completed the teen dating violence court program. | ||
(g) The court may require a child who participates in a teen | ||
dating violence court program to pay a fee not to exceed $10 that is | ||
set by the court to cover the costs of administering this section. | ||
The court shall deposit the fee in the county treasury of the county | ||
in which the court is located. | ||
(h) In addition to the fee authorized by Subsection (g), the | ||
court may require a child who participates in a teen dating violence | ||
court program to pay a fee of $10 to cover the cost to the teen | ||
dating violence court program for performing its duties under this | ||
section. The court shall pay the fee to the teen dating violence | ||
court program, and the teen dating violence court program must | ||
account to the court for the receipt and disbursal of the fee. | ||
(i) The court shall track the number of children ordered to | ||
participate in the teen dating violence court program, the | ||
percentage of victims meeting with the teen victim advocate, and | ||
the compliance rate of the children ordered to participate in the | ||
program. | ||
SECTION 2. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.0210 to read as follows: | ||
Sec. 103.0210. ADDITIONAL FEES IN CERTAIN JUVENILE CASES: | ||
FAMILY CODE. A child for whom adjudication proceedings are | ||
deferred under Section 54.0325, Family Code, shall pay a fee not to | ||
exceed $20 to the court for the administration of the teen dating | ||
violence court program. | ||
SECTION 3. The change in law made by this Act applies only | ||
to conduct violating a penal law that occurs on or after the | ||
effective date of this Act. Conduct violating a penal law 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 violating a penal law occurred before the effective date of | ||
this Act if any element of the violation occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2496 was passed by the House on May | ||
13, 2011, by the following vote: Yeas 137, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2496 was passed by the Senate on May | ||
25, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |