83R9986 EAH-F
By: White H.B. No. 2733
A BILL TO BE ENTITLED
AN ACT
relating to the administration and operation of the Texas Juvenile
Justice Department, including the denial of bail for violent
juveniles committed to the department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.154 to read as follows:
Art. 17.154. DENIAL OF BAIL FOR VIOLENCE AT A JUVENILE STATE
CORRECTIONAL FACILITY. (a) This article applies to a defendant who
has been adjudicated under Title 3, Family Code, and committed to
the custody of the Texas Juvenile Justice Department.
(b) Bail may be denied for the following offenses, if the
offense is a felony and is committed by a person 17 years of age or
older while the person is confined in a facility operated by or
under contract with the Texas Juvenile Justice Department:
(1) an offense alleged under Chapter 22, Penal Code;
or
(2) any offense in which the victim of the alleged
offense is a public servant, as defined by Section 1.07, Penal Code.
SECTION 2. Section 411.1141, Government Code, is amended to
read as follows:
Sec. 411.1141. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT [YOUTH
COMMISSION]. (a) The Texas Juvenile Justice Department is
entitled to obtain from the department criminal history record
information maintained by the department that relates to:
(1) a person described by Section 242.010(b), Human
Resources Code;
(2) an applicant for a certification from the
department; or
(3) a holder of a certification from the department.
(b) Criminal history record information obtained by the
Texas Juvenile Justice Department [Youth Commission] under
Subsection (a) may not be released to any person except:
(1) on court order;
(2) with the consent of the entity or person who is the
subject of the criminal history record information;
(3) for purposes of an administrative hearing held, or
an investigation conducted, by the Texas Juvenile Justice
Department [Youth Commission] concerning the person who is the
subject of the criminal history record information; [or]
(4) a juvenile board by which a certification
applicant or holder is employed; or
(5) as provided by Subsection (c) or (f).
(c) The Texas Juvenile Justice Department [Youth
Commission] is not prohibited from releasing criminal history
record information obtained under Subsection (a) to:
(1) the person who is the subject of the criminal
history record information; or
(2) a business entity or person described by
Subsection (a)(1) [(a)(4) or (a)(5)] who uses or intends to use the
services of the volunteer or intern or employs or is considering
employing the person who is the subject of the criminal history
record information.
(d) The Texas Juvenile Justice Department [Youth
Commission] may charge an entity or a person who requests criminal
history record information under Subsection (c)(2) [(a)(4) or
(a)(5)] a fee in an amount necessary to cover the costs of obtaining
the information on the person's or entity's behalf.
(e) After a person is certified by the Texas Juvenile
Justice Department, the Texas Juvenile Justice Department shall
destroy the criminal history record information that relates to a
person described by Subsection (a)(2).
(f) The Texas Juvenile Justice Department is not prohibited
from disclosing criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the Texas Juvenile Justice Department.
SECTION 3. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or a security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175; [or]
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.1175;
(9) a juvenile probation or supervision officer
certified by the Texas Juvenile Justice Department, or the
predecessors in function of the department, under Title 12, Human
Resources Code; or
(10) employees of a juvenile justice department or a
juvenile justice program or facility, as those terms are defined by
Section 261.405, Family Code.
SECTION 4. The heading to Section 552.1175, Government
Code, is amended to read as follows:
Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL
[ADDRESSES, TELEPHONE NUMBERS, SOCIAL SECURITY NUMBERS, AND
PERSONAL FAMILY] INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
SECURITY OFFICERS, AND EMPLOYEES OF CERTAIN [THE TEXAS DEPARTMENT
OF] CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES [A
PROSECUTOR'S OFFICE].
SECTION 5. Section 552.1175(a), Government Code, is amended
to read as follows:
(a) This section applies only to:
(1) peace officers as defined by Article 2.12, Code of
Criminal Procedure;
(2) county jailers as defined by Section 1701.001,
Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) employees of a district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) police officers and inspectors of the United
States Federal Protective Service; [and]
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement;
(10) juvenile probation and supervision officers
certified by the Texas Juvenile Justice Department, or the
predecessors in function of the department, under Title 12, Human
Resources Code;
(11) employees of a juvenile justice department or a
juvenile justice program or facility, as those terms are defined by
Section 261.405, Family Code; and
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department.
SECTION 6. Section 203.001, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) The board may delegate to the executive director or to
any other employee any authority given to the board under this
chapter except the authority to adopt rules.
SECTION 7. Section 203.0081(a), Human Resources Code, is
amended to read as follows:
(a) The advisory council on juvenile services consists of:
(1) the executive director of the department or the
executive director's designee;
(2) the director of probation services of the
department or the director's designee;
(3) the director of state programs and facilities of
the department or the director's designee;
(4) the executive commissioner of the Health and Human
Services Commission or the commissioner's designee;
(5) [(4)] one representative of the county
commissioners courts appointed by the board;
(6) [(5)] two juvenile court judges appointed by the
board; and
(7) [(6)] seven chief juvenile probation officers
appointed by the board as provided by Subsection (b).
SECTION 8. Section 222.002, Human Resources Code, is
amended to read as follows:
Sec. 222.002. MINIMUM STANDARDS FOR SUPERVISION
[DETENTION] OFFICERS. To be eligible for appointment as a
supervision [detention] officer, a person who was not employed as
an [a detention] officer before September 1, 2005, must:
(1) be of good moral character;
(2) be at least 21 years of age;
(3) have acquired a high school diploma or its
equivalent;
(4) have satisfactorily completed the course of
preservice training or instruction required by the department;
(5) have passed the tests or examinations required by
the department; and
(6) possess the level of certification required by the
department.
SECTION 9. Section 222.003(b), Human Resources Code, is
amended to read as follows:
(b) The certification standards adopted under Subsection
(a) must be substantially similar to the certification requirements
for supervision [detention] officers under Section 222.002.
SECTION 10. The heading to Section 222.004, Human Resources
Code, is amended to read as follows:
Sec. 222.004. PERSONS WHO MAY NOT ACT AS CHIEF
ADMINISTRATIVE, JUVENILE PROBATION, OR SUPERVISION [DETENTION]
OFFICERS.
SECTION 11. Section 222.004(a), Human Resources Code, is
amended to read as follows:
(a) A peace officer, prosecuting attorney, or other person
who is employed by or who reports directly to a law enforcement or
prosecution official may not act as a chief administrative,
juvenile probation, or supervision [detention] officer or be made
responsible for supervising a juvenile on probation.
SECTION 12. Section 222.005(a), Human Resources Code, is
amended to read as follows:
(a) A juvenile probation, supervision [detention], or
corrections officer may not carry a firearm in the course of the
person's official duties.
SECTION 13. Sections 242.002(b) and (d), Human Resources
Code, are amended to read as follows:
(b) On or before December 31 of each even-numbered year, the
department shall make a report on the effectiveness of the programs
to the Legislative Budget Board.
(d) If the department is unable to offer or make available
programs described by Subsection (a) in the manner provided by
Subsection (c), the department shall, not later than December 31
[January 10] of each even-numbered [odd-numbered] year, provide the
standing committees of the senate and house of representatives with
primary jurisdiction over matters concerning correctional
facilities with a report explaining:
(1) which programs are not offered or are unavailable;
and
(2) the reason the programs are not offered or are
unavailable.
SECTION 14. Sections 242.010(b), (c), and (d), Human
Resources Code, are amended to read as follows:
(b) The department [executive director] shall review the
national criminal history record information, state criminal
history record information maintained by the Department of Public
Safety, and previous and current employment references of each
person who:
(1) is an employee, [contractor,] volunteer,
ombudsman, or advocate working for the department or working in a
department facility or a facility under contract with the
department;
(2) is a contractor or an employee or subcontractor of
a contractor who has direct access to children in department
facilities;
(3) provides direct delivery of services to children
in the custody of the department; or
(4) [(3)] has access to records in department
facilities or offices.
(c) To enable the department [executive director] to
conduct the review, the board shall adopt rules requiring a person
described by Subsection (b) to electronically provide the
Department of Public Safety with a complete set of the person's
fingerprints in a form and of a quality acceptable to the Department
of Public Safety and the Federal Bureau of Investigation.
(d) For each person described by Subsection (b), the
department [executive director] shall review on an annual basis the
person's national criminal history record information.
SECTION 15. Section 245.0535(i), Human Resources Code, is
amended to read as follows:
(i) Not later than December 31 [December 1] of each
even-numbered year, the department shall deliver a report of the
results of research conducted or coordinated under Subsection (h)
to the lieutenant governor, the speaker of the house of
representatives, and the standing committees of each house of the
legislature with primary jurisdiction over juvenile justice and
corrections.
SECTION 16. Section 411.137, Government Code, is repealed.
SECTION 17. Article 17.154, Code of Criminal Procedure, as
added by this Act, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act 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 the effective date of this Act if any element
of the offense occurred before that date.
SECTION 18. This Act takes effect September 1, 2013.