Bill Text: TX HB678 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the procedure for the entering of a plea or a stipulation of evidence by a child subject to a determinate sentence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB678 Detail]
Download: Texas-2017-HB678-Enrolled.html
| H.B. No. 678 | ||
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| relating to the procedure for the entering of a plea or a | ||
| stipulation of evidence by a child subject to a determinate | ||
| sentence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 54.10, Family Code, is amended by | ||
| amending Subsection (e) and adding Subsection (f) to read as | ||
| follows: | ||
| (e) Except as provided by Subsection (f), the [ |
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| provided by Sections 54.03, 54.04, and 54.05 may not be held before | ||
| a referee if the grand jury has approved of the petition and the | ||
| child is subject to a determinate sentence. | ||
| (f) When the state and a child who is subject to a | ||
| determinate sentence agree to the disposition of the case, wholly | ||
| or partly, a referee or associate judge may hold a hearing for the | ||
| purpose of allowing the child to enter a plea or stipulation of | ||
| evidence. After the hearing under this subsection, the referee or | ||
| associate judge shall transmit the referee's or associate judge's | ||
| written findings and recommendations regarding the plea or | ||
| stipulation of evidence to the juvenile court judge for | ||
| consideration. The juvenile court judge may accept or reject the | ||
| plea or stipulation of evidence in accordance with Section | ||
| 54.03(j). | ||
| SECTION 2. The changes in law made 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 | ||
| governed by the law in effect on the date the conduct occurred, and | ||
| the former law is continued in effect for that purpose. For | ||
| purposes of this section, conduct occurs before the effective date | ||
| of this Act if any element of the conduct occurs before that date. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 678 was passed by the House on April | ||
| 6, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 678 was passed by the Senate on May | ||
| 19, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
