84R6535 MK-F
By: Moody H.B. No. 3852
A BILL TO BE ENTITLED
AN ACT
relating to contempt of court committed by certain juvenile
offenders and the detention of certain juvenile offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.050(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) In this article, "child" has the meaning assigned by
Article 45.058(h) and "status offense" has the meaning assigned by
Section 51.02, Family Code.
(c) If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1) refer the child to the appropriate juvenile court
for [delinquent conduct for] contempt of the justice or municipal
court order for:
(A) delinquent conduct, as defined by Section
51.03(a)(2), Family Code, if the order was issued in a case for an
offense other than a status offense; or
(B) conduct indicating a need for supervision, as
defined by Section 51.03(b)(9), Family Code, if the order was
issued in a case for a status offense; or
(2) retain jurisdiction of the case, hold the child in
contempt of the justice or municipal court, and order either or both
of the following:
(A) that the contemnor pay a fine not to exceed
$500; or
(B) that the Department of Public Safety suspend
the contemnor's driver's license or permit or, if the contemnor does
not have a license or permit, to deny the issuance of a license or
permit to the contemnor until the contemnor fully complies with the
orders of the court.
SECTION 2. Article 45.058(f), Code of Criminal Procedure,
is amended to read as follows:
(f) A child taken into custody for an offense that a justice
or municipal court has jurisdiction of under Article 4.11 or 4.14
may be presented or detained in a detention facility designated by
the juvenile court under Section 52.02(a)(3), Family Code, only if:
(1) the child's non-traffic case is transferred to the
juvenile court by a justice or municipal court under Section
51.08(b), Family Code; or
(2) the child is referred to the juvenile court by a
justice or municipal court for delinquent conduct [contempt of
court] under Article 45.050(c)(1)(A).
SECTION 3. Section 51.02, Family Code, is amended by
amending Subdivision (15) and adding Subdivision (15-a) to read as
follows:
(15) "Status offender" means a child who is accused,
adjudicated, or convicted of a status offense.
(15-a) "Status offense" means [for] conduct committed
by a child that would not, under state law, be a crime if committed
by an adult, including:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section
51.03(b)(3);
(C) a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
(D) failure to attend school under Section
25.094, Education Code;
(E) a violation of standards of student conduct
as described by Section 51.03(b)(5);
(F) a violation of a juvenile curfew ordinance or
order;
(G) a violation of a provision of the Alcoholic
Beverage Code applicable to minors only; or
(H) a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
SECTION 4. Sections 51.03(a) and (b), Family Code, are
amended to read as follows:
(a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that
violates a penal law of this state or of the United States
punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court,
other than the order of a court in a case for a status offense, under
circumstances that would constitute contempt of that court in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by
a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol
by a minor (third or subsequent offense).
(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;
(7) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; [or]
(8) notwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code; or
(9) conduct that violates a lawful order of a court in
a case for a status offense, under circumstances that would
constitute contempt of that court in a justice, municipal, or
county court.
SECTION 5. Section 51.12, Family Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) Notwithstanding any other provision of this section,
a child may only be detained in an office or place described by
Subsection (a)(1) or (2) or a nonsecure correctional facility that
meets the conditions of Subsections (j-1)(1), (3), and (4) if a
child is accused only of:
(1) a status offense;
(2) the violation of a valid court order, as defined by
Section 51.02(17); or
(3) conduct in need of supervision under Section
51.03(b)(9).
SECTION 6. Section 52.02(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), a person taking a
child into custody, without unnecessary delay and without first
taking the child to any place other than a juvenile processing
office designated under Section 52.025, shall do one of the
following:
(1) release the child to a parent, guardian, custodian
of the child, or other responsible adult upon that person's promise
to bring the child before the juvenile court as requested by the
court;
(2) bring the child before the office or official
designated by the juvenile board if there is probable cause to
believe that the child engaged in delinquent conduct, conduct
indicating a need for supervision, or conduct that violates a
condition of probation imposed by the juvenile court;
(3) bring the child to a detention facility designated
by the juvenile board, unless Section 51.12(a-1) applies to the
child;
(4) bring the child to a secure detention facility as
provided by Section 51.12(j), unless Section 51.12(a-1) applies to
the child;
(5) bring the child to a medical facility if the child
is believed to suffer from a serious physical condition or illness
that requires prompt treatment;
(6) dispose of the case under Section 52.03; [or]
(7) if school is in session and the child is a student,
bring the child to the school campus to which the child is assigned
if the principal, the principal's designee, or a peace officer
assigned to the campus agrees to assume responsibility for the
child for the remainder of the school day; or
(8) if Section 51.12(a-1) applies to the child:
(A) bring the child to a place of nonsecure
custody in compliance with Articles 45.058(c), (d), and (e), Code
of Criminal Procedure; or
(B) if a juvenile processing office or place of
nonsecure custody is not available, bring the child to a nonsecure
correctional facility that meets the conditions of Sections
51.12(j-1)(1), (3), and (4).
SECTION 7. Section 54.011, Family Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) The detention hearing for a [status offender or]
nonoffender who has not been released administratively under
Section 53.02 shall be held before the 24th hour after the time the
child arrived at a detention facility, excluding hours of a weekend
or a holiday. Except as otherwise provided by this section, the
judge or referee conducting the detention hearing shall release the
[status offender or] nonoffender from secure detention.
(a-1) If Section 51.12(a-1) applies to a child, the child
may not be detained at a place of detention for longer than 24 hours
after the time the child arrived at the place of detention. If the
child is not released before the sixth hour after the time the child
arrived at the place of detention, the child is entitled to a
detention hearing that must be held before the 24th hour after the
time the child arrived at the place of detention, excluding
weekends and holidays. Except as otherwise provided by this
section, the judge or referee conducting the detention hearing
shall release the child from detention.
(b) The judge or referee may order a child in detention
accused of the violation of a valid court order as defined by
Section 51.02(17) [51.02] detained not longer than 24 [72] hours
after the time the detention order was entered, excluding weekends
and holidays, if:
(1) the judge or referee finds at the detention
hearing that there is probable cause to believe the child violated
the valid court order; and
(2) the detention of the child is justified under
Section 54.01(e)(1), (2), or (3).
(c) Except as provided by Subsection (d), a detention order
entered under Subsection (b) may be extended for one additional
24-hour [72-hour] period, excluding weekends and holidays, only on
a finding of good cause by the juvenile court.
SECTION 8. Section 54.04(o), Family Code, is amended to
read as follows:
(o) In a disposition under this title,[:
[(1)] a child [status offender] may not, under any
circumstances, be placed in a post-adjudication secure
correctional facility or committed to the Texas Juvenile Justice
Department only [Youth Commission] for:
(1) engaging in conduct that is a status offense
[would not, under state or local law, be a crime if committed by an
adult];
(2) violating a valid court order [a status offender
may not, under any circumstances other than as provided under
Subsection (n), be placed in a post-adjudication secure
correctional facility]; or [and]
(3) conduct indicating a need for supervision under
Section 51.03(b)(9) [a child adjudicated for contempt of a county,
justice, or municipal court order may not, under any circumstances,
be placed in a post-adjudication secure correctional facility or
committed to the Texas Youth Commission for that conduct].
SECTION 9. Section 59.003(a), Family Code, is amended to
read as follows:
(a) Subject to Subsection (e), after a child's first
commission of delinquent conduct or conduct indicating a need for
supervision, the probation department or prosecuting attorney may,
or the juvenile court may, in a disposition hearing under Section
54.04 or a modification hearing under Section 54.05, assign a child
one of the following sanction levels according to the child's
conduct:
(1) for conduct indicating a need for supervision,
other than conduct described in Section 51.03(b)(4), [or] (5), or
(9) or a Class A or B misdemeanor, the sanction level is one;
(2) for conduct indicating a need for supervision
under Section 51.03(b)(4), [or] (5), or (9) or a Class A or B
misdemeanor, other than a misdemeanor involving the use or
possession of a firearm, or for delinquent conduct under Section
51.03(a)(2), the sanction level is two;
(3) for a misdemeanor involving the use or possession
of a firearm or for a state jail felony or a felony of the third
degree, the sanction level is three;
(4) for a felony of the second degree, the sanction
level is four;
(5) for a felony of the first degree, other than a
felony involving the use of a deadly weapon or causing serious
bodily injury, the sanction level is five;
(6) for a felony of the first degree involving the use
of a deadly weapon or causing serious bodily injury, for an
aggravated controlled substance felony, or for a capital felony,
the sanction level is six; or
(7) for a felony of the first degree involving the use
of a deadly weapon or causing serious bodily injury, for an
aggravated controlled substance felony, or for a capital felony, if
the petition has been approved by a grand jury under Section 53.045,
or if a petition to transfer the child to criminal court has been
filed under Section 54.02, the sanction level is seven.
SECTION 10. Section 71.0352, Government Code, is amended to
read as follows:
Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND
JUVENILE COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice and municipal courts shall report the
number of cases filed for the following offenses:
(A) failure to attend school under Section
25.094, Education Code;
(B) parent contributing to nonattendance under
Section 25.093, Education Code; and
(C) violation of a local daytime curfew ordinance
adopted under Section 341.905 or 351.903, Local Government Code;
and
(2) in cases in which a child fails to obey an order of
a justice or municipal court under circumstances that would
constitute contempt of court, the justice or municipal court shall
report the number of incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct or conduct indicating a need for supervision
as provided by Article 45.050(c)(1), Code of Criminal Procedure,
and Section 51.03(a)(2) or (b)(9), Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure.
SECTION 11. Section 54.04(n), Family Code, is repealed.
SECTION 12. The changes in law made by this Act apply 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 when 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 13. This Act takes effect September 1, 2015.