Bill Text: TX SB1209 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the detention of certain juvenile offenders.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1209 Detail]
Download: Texas-2011-SB1209-Enrolled.html
S.B. No. 1209 |
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relating to the detention of certain juvenile offenders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (f) and (h), Section 51.12, Family | ||
Code, are amended to read as follows: | ||
(f) A child detained in a building that contains a jail, | ||
lockup, or other place of secure confinement, including an alcohol | ||
or other drug treatment facility, shall be separated by sight and | ||
sound from adults detained in the same building. Children and | ||
adults are separated by sight and sound only if they are unable to | ||
see each other and conversation between them is not possible. The | ||
separation must extend to all areas of the facility, including | ||
sally ports and passageways, and those areas used for admission, | ||
counseling, sleeping, toileting, showering, dining, recreational, | ||
educational, or vocational activities, and health care. The | ||
separation may be accomplished through architectural design. A | ||
person who has been transferred for prosecution in criminal court | ||
under Section 54.02 and is under 17 years of age is considered a | ||
child for the purposes of this subsection. | ||
(h) This section does not apply to a person: | ||
(1) who has been transferred [ |
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criminal court for prosecution under Section 54.02 and is at least | ||
17 years of age; or | ||
(2) who is at least 17 years of age and who has been | ||
taken into custody after having: | ||
(A) escaped from a juvenile facility operated by | ||
or under contract with the Texas Youth Commission; or | ||
(B) violated a condition of release under | ||
supervision of the Texas Youth Commission. | ||
SECTION 2. Subsection (c), Section 51.13, Family Code, is | ||
amended to read as follows: | ||
(c) A child may not be committed or transferred to a penal | ||
institution or other facility used primarily for the execution of | ||
sentences of persons convicted of crime, except: | ||
(1) for temporary detention in a jail or lockup | ||
pending juvenile court hearing or disposition under conditions | ||
meeting the requirements of Section 51.12 [ |
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(2) after transfer for prosecution in criminal court | ||
under Section 54.02, unless the juvenile court orders the detention | ||
of the child in a certified juvenile detention facility under | ||
Section 54.02(h) [ |
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(3) after transfer from the Texas Youth Commission | ||
under Section 61.084, Human Resources Code. | ||
SECTION 3. Subchapter A, Chapter 152, Human Resources Code, | ||
is amended by adding Section 152.0015 to read as follows: | ||
Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN | ||
JUVENILES. A juvenile board shall establish a policy that | ||
specifies whether a person who has been transferred for criminal | ||
prosecution under Section 54.02, Family Code, and is younger than | ||
17 years of age may be detained in a juvenile facility pending trial | ||
as provided by Section 51.12, Family Code. | ||
SECTION 4. Subsection (h), Section 54.02, Family Code, is | ||
amended to read as follows: | ||
(h) If the juvenile court waives jurisdiction, it shall | ||
state specifically in the order its reasons for waiver and certify | ||
its action, including the written order and findings of the court, | ||
and shall transfer the person to the appropriate court for criminal | ||
proceedings and cause the results of the diagnostic study of the | ||
person ordered under Subsection (d), including psychological | ||
information, to be transferred to the appropriate criminal | ||
prosecutor. On transfer of the person for criminal proceedings, | ||
the person shall be dealt with as an adult and in accordance with | ||
the Code of Criminal Procedure, except that if detention in a | ||
certified juvenile detention facility is authorized under Section | ||
152.0015, Human Resources Code, the juvenile court may order the | ||
person to be detained in the facility pending trial or until the | ||
criminal court enters an order under Article 4.19, Code of Criminal | ||
Procedure. A [ |
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is an arrest. | ||
SECTION 5. Chapter 4, Code of Criminal Procedure, is | ||
amended by adding Article 4.19 to read as follows: | ||
Art. 4.19. TRANSFER OF CHILD. Notwithstanding the order of | ||
a juvenile court to detain a child in a certified juvenile detention | ||
facility under Section 54.02(h), Family Code, the judge of the | ||
criminal court having jurisdiction over the child may order the | ||
child to be transferred to another facility and treated as an adult | ||
as provided by this code. | ||
SECTION 6. Subsection (a), Section 23.101, 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; or | ||
(v) Section 43.25, Penal Code; [ |
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(D) an offense described by Article 62.001(6)(C) | ||
or (D), Code of Criminal Procedure; and | ||
(E) criminal actions against 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 7. (a) The change in law made by this Act applies | ||
only to the detention of a child for conduct that occurs on or after | ||
the effective date of this Act. Conduct violating a penal law that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect when the conduct occurred, and the former law is continued | ||
in effect for that purpose. | ||
(b) For purposes of this section, conduct violating a penal | ||
law occurred before the effective date of this Act if any element of | ||
the violation occurred before that date. | ||
SECTION 8. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1209 passed the Senate on | ||
May 5, 2011, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1209 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |