Bill Text: TX SB1440 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to adjudication and disposition of juvenile conduct.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2013-05-19 - Committee report sent to Calendars [SB1440 Detail]

Download: Texas-2013-SB1440-Engrossed.html

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By: West S.B. No. 1440

A BILL TO BE ENTITLED
AN ACT
relating to adjudication and disposition of juvenile conduct.
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. Subsection (f), Article 45.0216, 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. Subsection (b), Section 51.03, 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 5. 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 6. 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 7. 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 8. Subsections (d) and (e), Section 51.13, 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 9. Subsection (c), Section 51.17, 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 10. 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 11. 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 12. Subsection (e), Section 54.011, 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 13. Section 54.02, Family Code, is amended by
adding Subsection (h-1) 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.
SECTION 14. Subsection (a), Section 54.0404, 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 15. 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 16. Subsection (c-3), Section 58.003, Family Code,
as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature,
Regular Session, 2011, is redesignated as Subsection (c-5), Section
58.003, 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 17. Subsection (c-4), Section 58.003, Family Code,
as added by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature,
Regular Session, 2011, is redesignated as Subsection (c-6), Section
58.003, 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 18. Subsection (d), Section 58.003, 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 19. Subsection (g-1), Section 58.003, 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 20. Subsection (a), Section 58.203, 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 21. Subsection (b), Section 58.204, 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 22. 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 23. 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 24. 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;
(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 25. 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 26. 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 27. (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) 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 28. 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 29. This Act takes effect September 1, 2013.