H.B. No. 2496
AN ACT
relating to creating a teen dating violence court program and the
deferral of adjudication and dismissal of certain dating violence
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Family Code, is amended by adding
Section 54.0325 to read as follows:
Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM.
(a) In this section:
(1) "Dating violence" has the meaning assigned by
Section 71.0021.
(2) "Family violence" has the meaning assigned by
Section 71.004.
(3) "Teen dating violence court program" means a
program that includes:
(A) a 12-week program designed to educate
children who engage in dating violence and encourage them to
refrain from engaging in that conduct;
(B) a dedicated teen victim advocate who assists
teen victims by offering referrals to additional services,
providing counseling and safety planning, and explaining the
juvenile justice system;
(C) a court-employed resource coordinator to
monitor children's compliance with the 12-week program;
(D) one judge who presides over all of the cases
in the jurisdiction that qualify for the program; and
(E) an attorney in the district attorney's office
or the county attorney's office who is assigned to the program.
(b) On the recommendation of the prosecuting attorney, the
juvenile court may defer adjudication proceedings under Section
54.03 for not more than 180 days if the child is a first offender who
is alleged to have engaged in conduct:
(1) that violated a penal law of this state of the
grade of misdemeanor; and
(2) involving dating violence.
(c) For the purposes of Subsection (b), a first offender is
a child who has not previously been referred to juvenile court for
allegedly engaging in conduct constituting dating violence, family
violence, or an assault.
(d) Before implementation, the teen dating violence court
program must be approved by:
(1) the court; and
(2) the commissioners court of the county.
(e) A child for whom adjudication proceedings are deferred
under Subsection (b) shall:
(1) complete the teen dating violence court program
not later than the last day of the deferral period; and
(2) appear in court once a month for monitoring
purposes.
(f) The court shall dismiss the case with prejudice at the
time the child presents satisfactory evidence that the child has
successfully completed the teen dating violence court program.
(g) The court may require a child who participates in a teen
dating violence court program to pay a fee not to exceed $10 that is
set by the court to cover the costs of administering this section.
The court shall deposit the fee in the county treasury of the county
in which the court is located.
(h) In addition to the fee authorized by Subsection (g), the
court may require a child who participates in a teen dating violence
court program to pay a fee of $10 to cover the cost to the teen
dating violence court program for performing its duties under this
section. The court shall pay the fee to the teen dating violence
court program, and the teen dating violence court program must
account to the court for the receipt and disbursal of the fee.
(i) The court shall track the number of children ordered to
participate in the teen dating violence court program, the
percentage of victims meeting with the teen victim advocate, and
the compliance rate of the children ordered to participate in the
program.
SECTION 2. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.0210 to read as follows:
Sec. 103.0210. ADDITIONAL FEES IN CERTAIN JUVENILE CASES:
FAMILY CODE. A child for whom adjudication proceedings are
deferred under Section 54.0325, Family Code, shall pay a fee not to
exceed $20 to the court for the administration of the teen dating
violence court program.
SECTION 3. The change in law made by this Act applies only
to conduct violating a penal law 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 on the date the conduct occurred, and the former law is
continued in effect for that purpose. 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 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2496 was passed by the House on May
13, 2011, by the following vote: Yeas 137, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2496 was passed by the Senate on May
25, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor