Bill Text: TX HB2862 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to procedures related to juvenile cases.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2862 Detail]

Download: Texas-2013-HB2862-Enrolled.html

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H.B. No. 2862

AN ACT
relating to procedures related to juvenile cases.
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 [CHILD]. (a) Notwithstanding the order of a juvenile court
to detain a person under the age of 17 who has been certified to
stand trial as an adult [child] in a certified juvenile detention
facility under Section 54.02(h), Family Code, the judge of the
criminal court having jurisdiction over the person [child] may
order the person [child] to be transferred to an adult [another]
facility [and treated as an adult as provided by this code]. A
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 [Youth Commission], a juvenile
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. Article 45.0216(f), 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)
[51.03(b)(7)], Family Code, while the person was a child.
SECTION 4. Articles 62.352(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) After a hearing under Article 62.351 or under a plea
agreement described by Article 62.355(b), the juvenile court may
enter an order:
(1) deferring decision on requiring registration
under this chapter until the respondent has completed treatment for
the respondent's sexual offense as a condition of probation or
while committed to the Texas Juvenile Justice Department [Youth
Commission]; or
(2) requiring the respondent to register as a sex
offender but providing that the registration information is not
public information and is restricted to use by law enforcement and
criminal justice agencies, the Council on Sex Offender Treatment,
and public or private institutions of higher education.
(c) If the court enters an order described by Subsection
(b)(1), the court retains discretion and jurisdiction to require,
or exempt the respondent from, registration under this chapter at
any time during the treatment or on the successful or unsuccessful
completion of treatment, except that during the period of deferral,
registration may not be required. Following successful completion
of treatment, the respondent is exempted from registration under
this chapter unless a hearing under this subchapter is held on
motion of the prosecuting attorney [state], regardless of whether
the respondent is 18 years of age or older, and the court determines
the interests of the public require registration. Not later than
the 10th day after the date of the respondent's successful
completion of treatment, the treatment provider shall notify the
juvenile court and prosecuting attorney of the completion.
SECTION 5. Section 51.02(8-a), Family Code, is amended to
read as follows:
(8-a) "Nonsecure correctional facility" means a
facility described by Section 51.126[, other than a secure
correctional facility, that accepts only juveniles who are on
probation and that is operated by or under contract with a
governmental unit, as defined by Section 101.001, Civil Practice
and Remedies Code].
SECTION 6. Section 51.03(b), 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; [or]
(7) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; or
(8) notwithstanding Subsection (a)(1), [(7)] conduct
that violates Section 43.261, Penal Code.
SECTION 7. 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 [to modify] was filed while
the respondent was younger than 18 [years of age] or [the motion for
transfer was filed while the respondent was younger than] 19 years
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 8. 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 9. 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 [Probation
Commission] standard assessment tool results for the child;
(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; [and]
(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 10. Section 51.12, Family Code, is amended by
amending Subsection (a) and adding Subsection (j-1) to read as
follows:
(a) Except as provided by Subsection (h), a child may be
detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45.058, Code of Criminal Procedure;
(3) certified juvenile detention facility that
complies with the requirements of Subsection (f);
(4) secure detention facility as provided by
Subsection (j); [or]
(5) county jail or other facility as provided by
Subsection (l); or
(6) nonsecure correctional facility as provided by
Subsection (j-1).
(j-1) After being taken into custody, a child may be
detained in a nonsecure correctional facility until the child is
released under Section 53.01, 53.012, or 53.02 or until a detention
hearing is held under Section 54.01(a), if:
(1) the nonsecure correctional facility has been
appropriately registered and certified;
(2) a certified secure detention facility is not
available in the county in which the child is taken into custody;
(3) the nonsecure correctional facility complies with
the short-term detention standards adopted by the Texas Juvenile
Justice Department; and
(4) the nonsecure correctional facility has been
designated by the county juvenile board for the county in which the
facility is located.
SECTION 11. Sections 51.13(d) and (e), 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 [Youth Commission] under Section
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), [and (e),] Penal Code.
(e) A finding that a child engaged in conduct indicating a
need for supervision as described by Section 51.03(b)(8)
[51.03(b)(7)] is a conviction only for the purposes of Sections
43.261(c) and (d), Penal Code.
SECTION 12. Section 51.17(c), Family Code, is amended to
read as follows:
(c) Except as otherwise provided by this title, the Texas
Rules of Evidence applicable [apply] to criminal cases and Articles
33.03 and 37.07 and Chapter 38, Code of Criminal Procedure, apply in
a judicial proceeding under this title.
SECTION 13. 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 [Youth Commission], a juvenile
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 14. The heading to Section 53.045, Family Code, is
amended to read as follows:
Sec. 53.045. OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE
[VIOLENT OR HABITUAL OFFENDERS].
SECTION 15. Section 54.011(e), 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 [five days], to enable the child's return to
the child's home in another state under Chapter 60.
SECTION 16. Section 54.02, Family Code, is amended by
adding Subsections (h-1) and (s) 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) [of this
section]. The person's parent, custodian, guardian, or guardian ad
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) [of
this section]. Except as otherwise provided by this subsection, a
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.
(s) If a child is transferred to criminal court under this
section, only the petition for discretionary transfer, the order of
transfer, and the order of commitment, if any, are a part of the
district clerk's public record.
SECTION 17. Sections 54.04(b) and (d), Family Code, are
amended to read as follows:
(b) At the disposition hearing, the juvenile court,
notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
Criminal Procedure, may consider written reports from probation
officers, professional court employees, or professional
consultants in addition to the testimony of witnesses. On or
before the second day before the date of [Prior to] the disposition
hearing, the court shall provide the attorney for the child and the
prosecuting attorney with access to all written matter to be
considered by the court in disposition. The court may order
counsel not to reveal items to the child or the child's parent,
guardian, or guardian ad litem if such disclosure would materially
harm the treatment and rehabilitation of the child or would
substantially decrease the likelihood of receiving information
from the same or similar sources in the future.
(d) If the court or jury makes the finding specified in
Subsection (c) allowing the court to make a disposition in the case:
(1) the court or jury may, in addition to any order
required or authorized under Section 54.041 or 54.042, place the
child on probation on such reasonable and lawful terms as the court
may determine:
(A) in the child's own home or in the custody of a
relative or other fit person; or
(B) subject to the finding under Subsection (c)
on the placement of the child outside the child's home, in:
(i) a suitable foster home;
(ii) a suitable public or private
residential treatment facility licensed by a state governmental
entity or exempted from licensure by state law, except a facility
operated by the Texas Juvenile Justice Department [Youth
Commission]; or
(iii) a suitable public or private
post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the
Texas Juvenile Justice Department [Youth Commission];
(2) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that violates a penal law of this state or the United States of the
grade of felony and if the petition was not approved by the grand
jury under Section 53.045, the court may commit the child to the
Texas Juvenile Justice Department [Youth Commission] without a
determinate sentence;
(3) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045(a)
and if the petition was approved by the grand jury under Section
53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department [Youth Commission] with a
possible transfer to the Texas Department of Criminal Justice for a
term of:
(A) not more than 40 years if the conduct
constitutes:
(i) a capital felony;
(ii) a felony of the first degree; or
(iii) an aggravated controlled substance
felony;
(B) not more than 20 years if the conduct
constitutes a felony of the second degree; or
(C) not more than 10 years if the conduct
constitutes a felony of the third degree;
(4) the court may assign the child an appropriate
sanction level and sanctions as provided by the assignment
guidelines in Section 59.003; [or]
(5) the court may place the child in a suitable
nonsecure correctional facility that is registered and meets the
applicable standards for the facility as provided by Section
51.126; or
(6) if applicable, the court or jury may make a
disposition under Subsection (m).
SECTION 18. Section 54.0404(a), 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)
[51.03(b)(7)], the juvenile court may enter an order requiring the
child to attend and successfully complete an educational program
described by Section 37.218, Education Code, or another equivalent
educational program.
SECTION 19. Section 54.0482, Family Code, is amended by
amending Subsections (a), (e), and (f) and adding Subsection (b-1)
to read as follows:
(a) A juvenile probation department that receives a payment
to a victim as the result of a juvenile court order for restitution
shall immediately:
(1) deposit the payment in an interest-bearing account
in the county treasury; and
(2) notify the victim [by certified mail, sent to the
last known address of the victim,] that a payment has been received.
(b-1) If the victim does not make a claim for payment on or
before the 30th day after the date of being notified under
Subsection (a), the juvenile probation department shall notify the
victim by certified mail, sent to the last known address of the
victim, that a payment has been received.
(e) If a victim claims a payment on or before the fifth
anniversary of the date on which the juvenile probation department
mailed a notice to the victim under Subsection (b-1) [(a)], the
juvenile probation department shall pay the victim the amount of
the original payment, less any interest earned while holding the
payment.
(f) If a victim does not claim a payment on or before the
fifth anniversary of the date on which the juvenile probation
department mailed a notice to the victim under Subsection (b-1)
[(a)], the department:
(1) has no liability to the victim or anyone else in
relation to the payment; and
(2) shall transfer the payment from the
interest-bearing account to a special fund of the county treasury,
the unclaimed juvenile restitution fund.
SECTION 20. Section 54.05(e), Family Code, is amended to
read as follows:
(e) After the hearing on the merits or facts, the court may
consider written reports from probation officers, professional
court employees, or professional consultants in addition to the
testimony of other witnesses. On or before the second day before
the date of [Prior to] the hearing to modify disposition, the court
shall provide the attorney for the child and the prosecuting
attorney with access to all written matter to be considered by the
court in deciding whether to modify disposition. The court may
order counsel not to reveal items to the child or his parent,
guardian, or guardian ad litem if such disclosure would materially
harm the treatment and rehabilitation of the child or would
substantially decrease the likelihood of receiving information
from the same or similar sources in the future.
SECTION 21. Section 54.051, Family Code, is amended by
amending Subsections (b), (e), (e-2), (e-3), and (i) and adding
Subsection (d-1) to read as follows:
(b) The hearing must be conducted before the person's
[child's] 19th birthday, or before the person's 18th birthday if the
offense for which the person was placed on probation occurred
before September 1, 2011, and must be conducted in the same manner
as a hearing to modify disposition under Section 54.05.
(d-1) After a transfer to district court under Subsection
(d), only the petition, the grand jury approval, the judgment
concerning the conduct for which the person was placed on
determinate sentence probation, and the transfer order are a part
of the district clerk's public record.
(e) A district court that exercises jurisdiction over a
person [child] transferred under Subsection (d) shall place the
person [child] on community supervision under Article 42.12, Code
of Criminal Procedure, for the remainder of the person's [child's]
probationary period and under conditions consistent with those
ordered by the juvenile court.
(e-2) If a person [child] who is placed on community
supervision under this section violates a condition of that
supervision or if the person [child] violated a condition of
probation ordered under Section 54.04(q) and that probation
violation was not discovered by the state before the person's
[child's] 19th birthday, the district court shall dispose of the
violation of community supervision or probation, as appropriate, in
the same manner as if the court had originally exercised
jurisdiction over the case. If the judge revokes community
supervision, the judge may reduce the prison sentence to any length
without regard to the minimum term imposed by Section 23(a),
Article 42.12, Code of Criminal Procedure.
(e-3) The time that a person [child] serves on probation
ordered under Section 54.04(q) is the same as time served on
community supervision ordered under this section for purposes of
determining the person's [child's] eligibility for early discharge
from community supervision under Section 20, Article 42.12, Code of
Criminal Procedure.
(i) If the juvenile court exercises jurisdiction over a
person who is 18 or 19 years of age or older, as applicable, under
Section 51.041 or 51.0412, the court or jury may, if the person is
otherwise eligible, place the person on probation under Section
54.04(q). The juvenile court shall set the conditions of probation
and immediately transfer supervision of the person to the
appropriate court exercising criminal jurisdiction under
Subsection (e).
SECTION 22. Sections 54.11(b) and (d), Family Code, are
amended to read as follows:
(b) The court shall notify the following of the time and
place of the hearing:
(1) the person to be transferred or released under
supervision;
(2) the parents of the person;
(3) any legal custodian of the person, including the
Texas Juvenile Justice Department [Youth Commission];
(4) the office of the prosecuting attorney that
represented the state in the juvenile delinquency proceedings;
(5) the victim of the offense that was included in the
delinquent conduct that was a ground for the disposition, or a
member of the victim's family; and
(6) any other person who has filed a written request
with the court to be notified of a release hearing with respect to
the person to be transferred or released under supervision.
(d) At a hearing under this section the court may consider
written reports and supporting documents from probation officers,
professional court employees, professional consultants, or
employees of the Texas Juvenile Justice Department [Youth
Commission], in addition to the testimony of witnesses. On or
before the fifth day [At least one day] before the date of the
hearing, the court shall provide the attorney for the person to be
transferred or released under supervision with access to all
written matter to be considered by the court. All written matter is
admissible in evidence at the hearing.
SECTION 23. 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 [VIOLENT OR HABITUAL OFFENDER].
SECTION 24. Section 58.003(c-3), Family Code, as added by
Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular
Session, 2011, is redesignated as Section 58.003(c-5), Family Code,
to read as follows:
(c-5) [(c-3)] Notwithstanding Subsections (a) and (c) and
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 25. Section 58.003(c-4), Family Code, as added by
Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular
Session, 2011, is redesignated as Section 58.003(c-6), Family Code,
and amended to read as follows:
(c-6) [(c-4)] A prosecuting attorney or juvenile probation
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) [(c-3)]. The
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 26. Section 58.003(d), 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), [or] (c-3), or (c-5) at any time after final
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 27. Section 58.003(g-1), Family Code, is amended to
read as follows:
(g-1) Statistical data [Any records] collected or
maintained by the Texas Juvenile Justice Department, including
statistical data submitted under Section 221.007, Human Resources
Code, is [are] not subject to a sealing order issued under this
section.
SECTION 28. Section 58.007(b), Family Code, is amended to
read as follows:
(b) Except as provided by Section 54.051(d-1) and by Article
15.27, Code of Criminal Procedure, the records and files of a
juvenile court, a clerk of court, a juvenile probation department,
or a prosecuting attorney relating to a child who is a party to a
proceeding under this title are open to inspection only by:
(1) the judge, probation officers, and professional
staff or consultants of the juvenile court;
(2) a juvenile justice agency as that term is defined
by Section 58.101;
(3) an attorney for a party to the proceeding;
(4) a public or private agency or institution
providing supervision of the child by arrangement of the juvenile
court, or having custody of the child under juvenile court order; or
(5) with leave of the juvenile court, any other
person, agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
SECTION 29. Section 58.203(a), 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 [violent or
habitual felony] conduct resulting in determinate sentence
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 30. Section 58.204(b), 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; [or]
(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
[Probation Commission, the Texas Youth Commission, or the Criminal
Justice Policy Council].
SECTION 31. 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 [Youth Commission], records maintained
by the department [commission];
(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 [On] receipt of
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 32. 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 [YOUTH COMMISSION]. (a) When a
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 [Youth Commission] on an
indeterminate commitment, a probation officer or an official at the
Texas Juvenile Justice Department [Youth Commission] reception
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; [and]
(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 [Youth Commission] official shall:
(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 [Probation
Commission and the Texas Youth Commission] shall adopt rules to
implement this section and to facilitate the effective explanation
of the information required to be communicated by this section.
SECTION 33. Section 61.0031(d), Family Code, is amended to
read as follows:
(d) The juvenile court to which the order has been
transferred shall require the parent or other eligible person to
appear before the court to notify the person of the existence and
terms of the order, unless the permanent supervision hearing under
Section 51.073(c) has been waived. Failure to do so renders the
order unenforceable.
SECTION 34. Section 23.101(a), 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 [children]
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 35. Chapter 203, Human Resources Code, is amended
by adding Section 203.016 to read as follows:
Sec. 203.016. DATA REGARDING PLACEMENT IN DISCIPLINARY
SECLUSION. (a) In this section:
(1) "Disciplinary seclusion" means the separation of a
resident from other residents for disciplinary reasons and the
placement of the resident alone in an
area from which egress is
prevented for more than 90 minutes.
(2) "Juvenile facility" means a facility that serves
juveniles under juvenile court jurisdiction and that is operated as
a pre-adjudication secure detention facility, a short-term
detention facility, or a post-adjudication secure correctional
facility.
(b) The department shall collect the following data during
the annual registration of juvenile facilities and make the data
publicly available:
(1) the number of placements in disciplinary seclusion
lasting at least 90 minutes but less than 24 hours;
(2) the number of placements in disciplinary seclusion
lasting 24 hours or more but less than 48 hours; and
(3) the number of placements in disciplinary seclusion
lasting 48 hours or more.
SECTION 36. Section 221.003(c), Human Resources Code, is
amended to read as follows:
(c) Any statement made by a child and any mental health data
obtained from the child during the administration of the mental
health screening instrument or the initial risk and needs
assessment instruments under this section is not admissible against
the child at any adjudication [other] hearing. The person
administering the mental health screening instrument or initial
risk and needs assessment instruments shall inform the child that
any statement made by the child and any mental health data obtained
from the child during the administration of the instrument is not
admissible against the child at any adjudication [other] hearing.
SECTION 37. Section 222.003(a), Human Resources Code, is
amended to read as follows:
(a) The board by rule shall adopt certification standards
for persons who are employed in nonsecure correctional facilities
that accept [only] juveniles [who are on probation] and that are
operated by or under contract with a governmental unit, as defined
by Section 101.001, Civil Practice and Remedies Code.
SECTION 38. 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; [and]
(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 39. The heading to Section 244.014, Human Resources
Code, is amended to read as follows:
Sec. 244.014. REFERRAL OF DETERMINATE SENTENCE [VIOLENT AND
HABITUAL] OFFENDERS FOR TRANSFER.
SECTION 40. (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) Sections 54.02(s) and 54.051(d-1), Family Code, as
added by this Act, and Section 58.007(b), Family Code, as amended by
this Act, apply to a record created before, on, or after the
effective date of this Act.
(e) Sections 54.04(b), 54.05(e), and 54.11(d), Family Code,
as amended by this Act, apply only to conduct that occurs on or
after the effective date of this Act. Conduct that occurs before the
effective date of this Act is covered by the law in effect at the
time the conduct occurred, and the former law is continued in effect
for that purpose. For the purposes of this section, conduct occurs
before the effective date of this Act if any element of the conduct
occurred before that date.
(f) 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 41. 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 42. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2862 was passed by the House on May 8,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2862 on May 24, 2013, by the following vote: Yeas 146, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2862 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor