Bill Text: TX HB3660 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees and fines.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-26 - Not again placed on intent calendar [HB3660 Detail]
Download: Texas-2021-HB3660-Comm_Sub.html
Bill Title: Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees and fines.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-26 - Not again placed on intent calendar [HB3660 Detail]
Download: Texas-2021-HB3660-Comm_Sub.html
87R13992 ADM-F | |||
By: White | H.B. No. 3660 | ||
Substitute the following for H.B. No. 3660: | |||
By: Frank | C.S.H.B. No. 3660 |
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relating to youth diversion programs for children accused of | ||
certain fine-only offenses and related criminal justice matters; | ||
authorizing and imposing fees and fines. | ||
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) "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 45.310, 45.311, 45.313, or 45.314. | ||
(4) "Offense" means a Class C misdemeanor other than a | ||
traffic offense. | ||
(5) "Parent" has the meaning assigned by Article | ||
45.057(a). | ||
(6) "Service provider" means a governmental agency, | ||
political subdivision, open-enrollment charter school, nonprofit | ||
organization, or other entity that provides services to children or | ||
families. | ||
(7) "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 Class C misdemeanor 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 | ||
provided by Subsection (b), a child shall be diverted from formal | ||
criminal prosecution as provided by this subchapter. | ||
(b) A child who is 15 years of age or older at the time the | ||
child is alleged to have engaged in conduct that constitutes an | ||
offense is not eligible for diversion if the child has previously | ||
had two unsuccessful diversions under this subchapter for unrelated | ||
offenses. | ||
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 the 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) a disposition or diversion by law enforcement | ||
under Article 45.310 or 45.311; | ||
(2) an intermediate diversion from court under Article | ||
45.313; | ||
(3) a diversion by a justice or judge under Article | ||
45.314; or | ||
(4) a system of graduated sanctions for certain school | ||
offenses under Section 37.144, Education Code. | ||
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 45.312. | ||
(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 under | ||
Article 45.310 or 45.311. The guidelines are not mandatory. | ||
(g) The guidelines adopted under Subsection (f) may not | ||
allow for the disposition or diversion of a child's case under | ||
Article 45.310 or 45.311 if there is probable cause to believe that | ||
the child may be the victim of conduct that constitutes an offense | ||
under Section 20A.02, Penal Code (trafficking of persons). | ||
(h) 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. | ||
(i) 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 youth 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; | ||
(5) a county or municipal employee; | ||
(6) a community volunteer; | ||
(7) an institution of higher learning, including a | ||
private or independent institution; or | ||
(8) a qualified nonprofit organization. | ||
Art. 45.308. YOUTH DIVERSION ADVISORY COUNCIL. (a) A | ||
commissioners court of a county or the governing body of a | ||
municipality may establish a youth diversion advisory council. | ||
(b) The purpose of a youth diversion advisory council is to | ||
facilitate community input, suggest improvements to a youth | ||
diversion plan, and make recommendations to accomplish the | ||
following objectives: | ||
(1) to provide children the option of an alternative, | ||
non-adversarial procedure to resolve certain charges while | ||
ensuring that the child's legal rights are protected; | ||
(2) to authorize diversions from criminal prosecution | ||
under this subchapter that emphasize accountability and | ||
responsibility of the parent and the child for the child's conduct; | ||
(3) to reduce recidivism and the occurrence of problem | ||
behaviors without criminal prosecution in justice and municipal | ||
courts; | ||
(4) to identify at-risk youth and, where appropriate, | ||
refer at-risk youth to services under Subchapter D, Chapter 264, | ||
Family Code; | ||
(5) to remove, where appropriate, the taint of | ||
criminality and collateral consequences of criminal convictions | ||
from children charged with certain unlawful acts; | ||
(6) to encourage problem-solving approaches and the | ||
use of evidence-based practices in focusing on outcomes that are in | ||
the best interests of the child and the community; and | ||
(7) to increase collaboration between governmental, | ||
educational, and nonprofit organizations in devising local and | ||
regional diversion strategies. | ||
(c) The commissioners court of the county or governing body | ||
of the municipality appoints the members of the youth diversion | ||
advisory council. The members serve terms specified by the | ||
commissioners court or governing body without compensation. | ||
(d) County and municipal youth diversion advisory councils | ||
may collaborate to identify best practices, share information and | ||
resources, and coordinate diversion efforts under this subchapter. | ||
(e) One or more counties or municipalities by agreement may | ||
create a regional youth diversion advisory council. | ||
Art. 45.309. WARNING NOTICE BY PEACE OFFICER. (a) In lieu | ||
of taking a child into custody, issuing a citation, or filing a | ||
complaint for an offense, a peace officer may issue a warning notice | ||
to the child if: | ||
(1) guidelines for issuing a warning notice have been | ||
issued by the law enforcement agency employing the peace officer; | ||
(2) the warning notice is authorized by the | ||
guidelines; | ||
(3) the warning notice identifies the child and | ||
describes the child's alleged offense; | ||
(4) a copy of the warning notice is sent to the child's | ||
parent as soon as practicable; and | ||
(5) a copy of the warning notice is filed with a | ||
service provider, youth diversion coordinator, or other person | ||
designated in the youth diversion plan. | ||
(b) A warning notice filed under this article is not a | ||
diversion but may be used as the basis of further action under the | ||
terms of a diversion agreement. | ||
Art. 45.310. PEACE OFFICER DISPOSITION. (a) In lieu of | ||
issuing a citation to a child or filing a complaint in a justice or | ||
municipal court, a peace officer may dispose of a case if: | ||
(1) guidelines for a disposition under this article | ||
have been adopted and are included in a youth diversion plan; | ||
(2) the disposition is authorized by the guidelines; | ||
and | ||
(3) the peace officer makes a written report of the | ||
officer's disposition to the law enforcement agency employing the | ||
officer identifying the child and specifying the grounds for | ||
believing that the child committed an offense. | ||
(b) A disposition under this article may not include: | ||
(1) keeping the child in law enforcement custody; or | ||
(2) requiring the child to report periodically to a | ||
peace officer, law enforcement agency, or other service provider. | ||
(c) A disposition under this article may include: | ||
(1) referral of the child to a service provider or | ||
other diversion strategy specified in a youth diversion plan; | ||
(2) a brief conference with the child and the child's | ||
parent; or | ||
(3) referral of the child and the child's parent for | ||
at-risk youth services under Subchapter D, Chapter 264, Family | ||
Code. | ||
Art. 45.311. FIRST OFFENSE DIVERSION PROGRAM. (a) In this | ||
article, "program" means a first offense diversion program | ||
established under this article. | ||
(b) As part of a youth diversion plan, a commissioners court | ||
of a county or the governing body of a municipality may establish a | ||
first offense diversion program for the referral and disposition of | ||
a case before the filing of a charge for a first offense. | ||
(c) A county or municipality in which a program has been | ||
established shall designate one or more peace officers, law | ||
enforcement agencies, or service providers to process children in | ||
the program. | ||
(d) In lieu of issuing a citation to a child or filing a | ||
complaint in a justice or municipal court, a peace officer who has a | ||
child in custody may refer the child to the peace officer, law | ||
enforcement agency, or service provider designated under | ||
Subsection (c) if: | ||
(1) the child has not previously been referred to a | ||
program under this article; and | ||
(2) the officer reports the referral in writing to the | ||
agency, identifying the child and specifying the grounds for taking | ||
the child into custody or for accusing the child of the offense. | ||
(e) A child's parent shall be notified that the child is | ||
eligible to be referred to a first offense diversion program. The | ||
notice must: | ||
(1) state the grounds for believing that the child has | ||
committed an offense; | ||
(2) identify the peace officer, law enforcement | ||
agency, or service provider to which the child may be referred; | ||
(3) briefly describe the nature of the program; and | ||
(4) state that the child's failure to complete the | ||
program will result in the child being referred to court unless | ||
stated otherwise in a youth diversion plan. | ||
(f) Before a child is referred to a program, the child and | ||
the child's parent must consent to the referral. | ||
(g) A referral to a program under this article may be for a | ||
period of not more than 180 days. | ||
(h) Diversion strategies in a program may include: | ||
(1) voluntary restitution by the child or the child's | ||
parent to the victim of the child's conduct; | ||
(2) voluntary community service by the child; | ||
(3) educational or vocational training, counseling, | ||
or other rehabilitative services; | ||
(4) referral of the child to a service provider or | ||
other diversion strategy specified in a youth diversion plan; and | ||
(5) periodic reporting by the child to the peace | ||
officer, law enforcement agency, or service provider to which the | ||
child is referred. | ||
(i) The case of a child who successfully completes a program | ||
is closed and may not be referred to court. | ||
(j) The case of a child referred to a program shall be | ||
referred to a prosecutor or to court, or as specified in a youth | ||
diversion plan, if: | ||
(1) the child fails to complete the program; | ||
(2) the child or the child's parent terminates the | ||
child's participation in the program before the child completes the | ||
program; or | ||
(3) the child is alleged to have committed another | ||
offense during the child's participation in the program. | ||
(k) A statement made by a child to a person while | ||
participating in a program may not be used against the child in any | ||
subsequent court proceeding. | ||
Art. 45.312. 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 45.313 | ||
or 45.314. | ||
(b) Stated objectives in a diversion agreement must be | ||
measurable, realistic, and reasonable considering the | ||
circumstances of the child and the best interests of the child and | ||
the community. | ||
(c) A diversion agreement must include: | ||
(1) the terms of the agreement, including any | ||
diversion strategy, written in a clear and concise manner and | ||
identifying any offense or charge being diverted; | ||
(2) possible 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, the diversion program, or the diversion | ||
strategy. | ||
(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. 45.313. INTERMEDIATE DIVERSION FROM COURT. (a) If | ||
provided by a youth diversion plan and subject to the direction of | ||
the court, a youth diversion coordinator, juvenile case manager, or | ||
other designated officer of the court 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 | ||
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 45.315. | ||
(e) A statement made by a child or parent during a | ||
discussion related to a diversion under this article may not be used | ||
against a declarant in any subsequent court proceeding. | ||
Art. 45.314. 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. | ||
(b) 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. | ||
(c) 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. | ||
(d) A diversion under this article may not exceed 180 days. | ||
(e) 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. | ||
(f) 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. | ||
(g) 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 45.315. | ||
Art. 45.315. 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 45.311, 45.313, or | ||
45.314 and is referred to 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 community. | ||
(c) After the hearing, a court may enter an order: | ||
(1) amending or setting aside terms in a diversion | ||
agreement; | ||
(2) extending the diversion for a period not to exceed | ||
one year; | ||
(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 a diversion; | ||
(4) requiring the child's parent to do or refrain from | ||
doing any act if the court determines that 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. | ||
(d) If the court enters an order under Subsection (c)(6), | ||
the court may transfer the child to juvenile court for alleged | ||
conduct indicating a need for supervision under Section 51.08, | ||
Family Code, if the child has previously had two unsuccessful | ||
diversions. | ||
(e) An order under Subsection (c)(4) is enforceable by | ||
contempt. | ||
Art. 45.316. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. | ||
(a) The clerk of a justice or municipal court may collect from a | ||
child's parent a $30 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) 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. | ||
(f) 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. | ||
(g) Except for the fee authorized under Subsection (a), a | ||
fee may not be assessed for a child diverted under this subchapter. | ||
(h) The diversion of a child may not be contingent on | ||
payment of a fee under this article. | ||
Art. 45.317. DIVERSION RECORDS. (a) A justice or | ||
municipal court shall maintain statistics for each diversion | ||
strategy authorized by this subchapter. | ||
(b) Statistics indicating the number of warning notices | ||
under Article 45.309 and types of dispositions or diversions made | ||
by a law enforcement agency under Article 45.310 or 45.311 shall be | ||
reported at least annually to the justice or municipal court or | ||
youth diversion coordinator as specified by a youth diversion plan. | ||
Statistics shall include the age, gender, and ethnicity of the | ||
child and the offense alleged by law enforcement to have been | ||
committed by the child. | ||
(c) Other than statistical records, all records generated | ||
under this subchapter are confidential under Article 45.0217. | ||
(d) All records of a diversion pertaining to a child under | ||
this subchapter may be expunged after the child's 17th birthday and | ||
shall, without requirement for a motion or request, be expunged | ||
before the child's 18th birthday. | ||
SECTION 2. Articles 42.15(a-1) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a-1) Notwithstanding any other provision of this article, | ||
during or immediately after imposing a sentence in a case in which | ||
the defendant entered a plea in open court as provided by Article | ||
27.13, 27.14(a), or 27.16(a), a court shall inquire whether the | ||
defendant has sufficient resources or income to immediately pay all | ||
or part of the fine and costs. If the court determines that the | ||
defendant does not have sufficient resources or income to | ||
immediately pay all or part of the fine and costs, the court shall | ||
determine whether the fine and costs should be: | ||
(1) subject to Subsection (c), required to be paid at | ||
some later date or in a specified portion at designated intervals; | ||
(2) discharged by performing community service | ||
under[ |
||
(3) waived in full or in part under Article 43.091 or | ||
45.0491; or | ||
(4) satisfied through any combination of methods under | ||
Subdivisions (1)-(3). | ||
(d) A judge may allow a defendant who is a 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 [ |
||
or | ||
(2) paying the fine and costs in a manner described by | ||
Subsection (b). | ||
SECTION 3. Article 44.2811, Code of Criminal Procedure, as | ||
amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B. | ||
393), Acts of the 83rd Legislature, Regular Session, 2013, is | ||
reenacted and amended to read as follows: | ||
Art. 44.2811. RECORDS RELATING TO CERTAIN [ |
||
CHILD. All records and files and information stored by electronic | ||
means or otherwise, from which a record or file could be generated, | ||
relating to a criminal case for a fine-only misdemeanor, other than | ||
a traffic offense, that is committed by a child and that is appealed | ||
are confidential and may not be disclosed to the public except as | ||
provided under Article 45.0217(b). [ |
||
[ |
||
SECTION 4. Article 45.0215(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Subject to the requirements of Subchapter E, this [ |
||
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 5. Article 45.0217, Code of Criminal Procedure, as | ||
amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B. | ||
393), Acts of the 83rd Legislature, Regular Session, 2013, is | ||
reenacted and amended to read as follows: | ||
Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES | ||
AGAINST OR [ |
||
CHILD. (a) [ |
||
[ |
||
(b), all records and files, including those held by law | ||
enforcement, and information stored by electronic means or | ||
otherwise, from which a record or file could be generated, relating | ||
to a child who is charged with, is convicted of, is found not guilty | ||
of, had a charge dismissed for, or is granted deferred disposition | ||
for a fine-only misdemeanor [ |
||
offense [ |
||
be disclosed to the public. | ||
(b) Information subject to Subsection (a) [ |
||
open to inspection only by: | ||
(1) judges, prosecutors, and the staff of the judges | ||
or prosecutors [ |
||
(2) a criminal justice agency for a criminal justice | ||
purpose, as those terms are defined by Section 411.082, Government | ||
Code; | ||
(3) the Department of Public Safety; | ||
(4) an attorney for a party to the proceeding; | ||
(5) the child defendant; [ |
||
(6) the defendant's parent, guardian, or managing | ||
conservator; | ||
(7) a governmental agency if the disclosure is: | ||
(A) required or authorized by law; or | ||
(B) for the purpose of maintaining statistical | ||
records of recidivism and for diagnosis and classification; | ||
(8) an individual or entity to whom the child is | ||
referred for treatment or services if the agency or institution | ||
disclosing the information has entered into a written | ||
confidentiality agreement with the individual or entity regarding | ||
the protection of the disclosed information; or | ||
(9) with leave of the justice or municipal court, any | ||
other person having a legitimate interest in the proceeding or in | ||
the work of the court. | ||
SECTION 6. Articles 45.041(a-1), (b-3), and (b-5), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a-1) Notwithstanding any other provision of this article, | ||
during or immediately after imposing a sentence in a case in which | ||
the defendant entered a plea in open court as provided by Article | ||
27.14(a) or 27.16(a), the justice or judge shall inquire whether | ||
the defendant has sufficient resources or income to immediately pay | ||
all or part of the fine and costs. If the justice or judge | ||
determines that the defendant does not have sufficient resources or | ||
income to immediately pay all or part of the fine and costs, the | ||
justice or judge shall determine whether the fine and costs should | ||
be: | ||
(1) subject to Subsection (b-2), required to be paid | ||
at some later date or in a specified portion at designated | ||
intervals; | ||
(2) discharged by performing community service | ||
under[ |
||
(3) waived in full or in part under Article 45.0491; or | ||
(4) satisfied through any combination of methods under | ||
Subdivisions (1)-(3). | ||
(b-3) If a diversion is not required under Subchapter E or | ||
Subsection (b-5), a [ |
||
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 [ |
||
or | ||
(2) paying the fine and costs in a manner described by | ||
Subsection (b). | ||
(b-5) If a case involving a child who is eligible for | ||
diversion under Article 45.304 results in a trial, on a finding of | ||
guilt, without entering a judgment, sentence, or conviction, the | ||
justice or judge shall order a diversion under Article 45.314 [ |
||
SECTION 7. Articles 45.049(a), (b), (c), (d), (f), and (i), | ||
Code of Criminal Procedure, are amended to read as follows: | ||
(a) A justice or judge may require a defendant who fails to | ||
pay a previously assessed fine or costs, [ |
||
the court to have insufficient resources or income to pay a fine or | ||
costs, or who is a child and assessed a fine or costs to discharge | ||
all or part of the fine or costs by performing community service. A | ||
defendant may discharge an obligation to perform community service | ||
under this article by paying at any time the fine and costs | ||
assessed. | ||
(b) In the justice's or judge's order requiring a defendant | ||
to perform community service under this article, the justice or | ||
judge must specify: | ||
(1) the number of hours of community service the | ||
defendant is required to perform, not to exceed 20 hours if the | ||
defendant is a child; and | ||
(2) the date by which the defendant must submit to the | ||
court documentation verifying the defendant's completion of the | ||
community service. | ||
(c) The justice or judge may order the defendant to perform | ||
community service under this article: | ||
(1) by attending: | ||
(A) a work and job skills training program; | ||
(B) a preparatory class for the high school | ||
equivalency examination administered under Section 7.111, | ||
Education Code; | ||
(C) an alcohol or drug abuse program; | ||
(D) a rehabilitation program; | ||
(E) a counseling program, including a | ||
self-improvement program; | ||
(F) a mentoring program; | ||
(G) a tutoring program if the defendant is a | ||
child; or | ||
(H) [ |
||
(2) for: | ||
(A) a governmental entity; | ||
(B) a nonprofit organization or another | ||
organization that provides services to the general public that | ||
enhance social welfare and the general well-being of the community, | ||
as determined by the justice or judge; or | ||
(C) an educational institution. | ||
(d) A justice or judge may not order a defendant to perform | ||
more than 16 hours per week of community service under this article | ||
unless the justice or judge determines that requiring the defendant | ||
to perform additional hours does not impose an undue hardship on the | ||
defendant or the defendant's dependents, or if the defendant is a | ||
child, on the defendant or the defendant's family. In this | ||
subsection, "family" has the meaning assigned by Section 71.003, | ||
Family Code. | ||
(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 8. Article 45.051(a-1), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a-1) Notwithstanding any other provision of law, as an | ||
alternative to requiring a defendant charged with one or more | ||
offenses to make payment of all fines and court costs as required by | ||
Subsection (a), the judge may: | ||
(1) allow the defendant to enter into an agreement for | ||
payment of those fines and costs in installments during the | ||
defendant's period of probation; | ||
(2) require an eligible defendant to discharge all or | ||
part of those fines and costs by performing community service or | ||
attending a tutoring program under Article 45.049 [ |
||
(3) waive all or part of those fines and costs under | ||
Article 45.0491; or | ||
(4) take any combination of actions authorized by | ||
Subdivision (1), (2), or (3). | ||
SECTION 9. Articles 45.056(a), (b), (d), (e), (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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(e) A juvenile case manager [ |
||
shall give priority to cases brought under Section [ |
||
25.093 [ |
||
youth diversion under Subchapter E. | ||
(g) A [ |
||
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 [ |
||
shall require periodic review of juvenile case managers to ensure | ||
the implementation of the rules adopted under Subsection (f). | ||
SECTION 10. 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 11. 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 12. 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 13. 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 14. Section 52.03(a), Family Code, is amended to | ||
read as follows: | ||
(a) A law-enforcement officer authorized by this title to | ||
take a child into custody may dispose of the case of a child taken | ||
into custody [ |
||
(1) guidelines for such disposition have been adopted | ||
by the juvenile board of the county in which the disposition is made | ||
as required by Section 52.032; | ||
(2) the disposition is authorized by the guidelines; | ||
and | ||
(3) the officer makes a written report of the officer's | ||
disposition to the law-enforcement agency, identifying the child | ||
and specifying the grounds for believing that the taking into | ||
custody [ |
||
SECTION 15. Section 52.031(a), Family Code, is amended to | ||
read as follows: | ||
(a) A juvenile board may establish a first offender program | ||
under this section for the referral and disposition of children | ||
taken into custody for [ |
||
(1) conduct indicating a need for supervision; or | ||
(2) [ |
||
[ |
||
constitutes: | ||
(A) a felony of the first, second, or third | ||
degree, an aggravated controlled substance felony, or a capital | ||
felony; or | ||
(B) a state jail felony or misdemeanor involving | ||
violence to a person or the use or possession of a firearm, | ||
location-restricted knife, or club, as those terms are defined by | ||
Section 46.01, Penal Code, or a prohibited weapon, as described by | ||
Section 46.05, Penal Code. | ||
SECTION 16. Sections 52.031(d), (f), (i), and (j), Family | ||
Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114), | ||
Acts of the 83rd Legislature, Regular Session, 2013, are reenacted | ||
and amended to read as follows: | ||
(d) A law enforcement officer taking a child into custody | ||
[ |
||
may refer the child to the law enforcement officer or agency | ||
designated under Subsection (b) for disposition under the first | ||
offender program and not refer the child to juvenile court [ |
||
(1) the child has not previously been adjudicated as | ||
having engaged in delinquent conduct; | ||
(2) the referral complies with guidelines for | ||
disposition under Subsection (c); and | ||
(3) the officer reports in writing the referral to the | ||
agency, identifying the child and specifying the grounds for taking | ||
the child into custody [ |
||
(f) The parent, guardian, or other custodian of the child | ||
must receive notice that the child has been referred for | ||
disposition under the first offender program. The notice must: | ||
(1) state the grounds for taking the child into | ||
custody [ |
||
(2) identify the law enforcement officer or agency to | ||
which the child was referred; | ||
(3) briefly describe the nature of the program; and | ||
(4) state that the child's failure to complete the | ||
program will result in the child being referred to the juvenile | ||
court [ |
||
(i) The case of a child who successfully completes the first | ||
offender program is closed and may not be referred to juvenile court | ||
[ |
||
is taken into custody under circumstances described by Subsection | ||
(j)(3). | ||
(j) The case of a child referred for disposition under the | ||
first offender program shall be referred to juvenile court [ |
||
(1) the child fails to complete the program; | ||
(2) the child or the parent, guardian, or other | ||
custodian of the child terminates the child's participation in the | ||
program before the child completes it; or | ||
(3) the child completes the program but is taken into | ||
custody under Section 52.01 before the 90th day after the date the | ||
child completes the program for conduct other than the conduct for | ||
which the child was referred to the first offender program. | ||
SECTION 17. 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 Article | ||
45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of | ||
this code; or | ||
(3) a justice or municipal court under Article 45.057, | ||
45.313, or 45.314, Code of Criminal Procedure. | ||
SECTION 18. 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 19. 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 20. 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 21. The heading to Section 134.156, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 134.156. LOCAL YOUTH [ |
||
DIVERSION FUND. | ||
SECTION 22. Section 134.156(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) Money allocated under Section 134.103 to the local youth | ||
[ |
||
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 employed or | ||
contracted under Article 45.056, Code of Criminal Procedure. If | ||
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. | ||
SECTION 23. The following laws are repealed: | ||
(1) Article 45.0492, Code of Criminal Procedure, as | ||
added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | ||
Regular Session, 2011; | ||
(2) Article 45.0492, Code of Criminal Procedure, as | ||
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, | ||
Regular Session, 2011; | ||
(3) Article 42.15(f), Code of Criminal Procedure; and | ||
(4) Section 52.031(a-1), Family Code. | ||
SECTION 24. Not later than September 1, 2022, 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 25. The changes in law made by this Act apply only | ||
to an offense committed on or after September 1, 2022. An offense | ||
committed before September 1, 2022, 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 September 1, 2022, if any element of | ||
the offense occurred before that date. | ||
SECTION 26. This Act takes effect September 1, 2021. |