Texas 2015 - 84th Regular

Texas House Bill HB3852 Compare Versions

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Version 2 (New)

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1	1	84R6535 MK-F
2	2	By: Moody H.B. No. 3852
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to contempt of court committed by certain juvenile
8	8	offenders and the detention of certain juvenile offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 45.050(a) and (c), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) In this article, "child" has the meaning assigned by
13	13	Article 45.058(h) and "status offense" has the meaning assigned by
14	14	Section 51.02, Family Code.
15	15	(c) If a child fails to obey an order of a justice or
16	16	municipal court under circumstances that would constitute contempt
17	17	of court, the justice or municipal court, after providing notice
18	18	and an opportunity to be heard, may:
19	19	(1) refer the child to the appropriate juvenile court
20	20	for [delinquent conduct for] contempt of the justice or municipal
21	21	court order for:
22	22	(A) delinquent conduct, as defined by Section
23	23	51.03(a)(2), Family Code, if the order was issued in a case for an
24	24	offense other than a status offense; or
25	25	(B) conduct indicating a need for supervision, as
26	26	defined by Section 51.03(b)(9), Family Code, if the order was
27	27	issued in a case for a status offense; or
28	28	(2) retain jurisdiction of the case, hold the child in
29	29	contempt of the justice or municipal court, and order either or both
30	30	of the following:
31	31	(A) that the contemnor pay a fine not to exceed
32	32	$500; or
33	33	(B) that the Department of Public Safety suspend
34	34	the contemnor's driver's license or permit or, if the contemnor does
35	35	not have a license or permit, to deny the issuance of a license or
36	36	permit to the contemnor until the contemnor fully complies with the
37	37	orders of the court.
38	38	SECTION 2. Article 45.058(f), Code of Criminal Procedure,
39	39	is amended to read as follows:
40	40	(f) A child taken into custody for an offense that a justice
41	41	or municipal court has jurisdiction of under Article 4.11 or 4.14
42	42	may be presented or detained in a detention facility designated by
43	43	the juvenile court under Section 52.02(a)(3), Family Code, only if:
44	44	(1) the child's non-traffic case is transferred to the
45	45	juvenile court by a justice or municipal court under Section
46	46	51.08(b), Family Code; or
47	47	(2) the child is referred to the juvenile court by a
48	48	justice or municipal court for delinquent conduct [contempt of
49	49	court] under Article 45.050(c)(1)(A).
50	50	SECTION 3. Section 51.02, Family Code, is amended by
51	51	amending Subdivision (15) and adding Subdivision (15-a) to read as
52	52	follows:
53	53	(15) "Status offender" means a child who is accused,
54	54	adjudicated, or convicted of a status offense.
55	55	(15-a) "Status offense" means [for] conduct committed
56	56	by a child that would not, under state law, be a crime if committed
57	57	by an adult, including:
58	58	(A) truancy under Section 51.03(b)(2);
59	59	(B) running away from home under Section
60	60	51.03(b)(3);
61	61	(C) a fineable only offense under Section
62	62	51.03(b)(1) transferred to the juvenile court under Section
63	63	51.08(b), but only if the conduct constituting the offense would
64	64	not have been criminal if engaged in by an adult;
65	65	(D) failure to attend school under Section
66	66	25.094, Education Code;
67	67	(E) a violation of standards of student conduct
68	68	as described by Section 51.03(b)(5);
69	69	(F) a violation of a juvenile curfew ordinance or
70	70	order;
71	71	(G) a violation of a provision of the Alcoholic
72	72	Beverage Code applicable to minors only; or
73	73	(H) a violation of any other fineable only
74	74	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
75	75	conduct constituting the offense would not have been criminal if
76	76	engaged in by an adult.
77	77	SECTION 4. Sections 51.03(a) and (b), Family Code, are
78	78	amended to read as follows:
79	79	(a) Delinquent conduct is:
80	80	(1) conduct, other than a traffic offense, that
81	81	violates a penal law of this state or of the United States
82	82	punishable by imprisonment or by confinement in jail;
83	83	(2) conduct that violates a lawful order of a court,
84	84	other than the order of a court in a case for a status offense, under
85	85	circumstances that would constitute contempt of that court in:
86	86	(A) a justice or municipal court; or
87	87	(B) a county court for conduct punishable only by
88	88	a fine;
89	89	(3) conduct that violates Section 49.04, 49.05, 49.06,
90	90	49.07, or 49.08, Penal Code; or
91	91	(4) conduct that violates Section 106.041, Alcoholic
92	92	Beverage Code, relating to driving under the influence of alcohol
93	93	by a minor (third or subsequent offense).
94	94	(b) Conduct indicating a need for supervision is:
95	95	(1) subject to Subsection (f), conduct, other than a
96	96	traffic offense, that violates:
97	97	(A) the penal laws of this state of the grade of
98	98	misdemeanor that are punishable by fine only; or
99	99	(B) the penal ordinances of any political
100	100	subdivision of this state;
101	101	(2) the absence of a child on 10 or more days or parts
102	102	of days within a six-month period in the same school year or on
103	103	three or more days or parts of days within a four-week period from
104	104	school;
105	105	(3) the voluntary absence of a child from the child's
106	106	home without the consent of the child's parent or guardian for a
107	107	substantial length of time or without intent to return;
108	108	(4) conduct prohibited by city ordinance or by state
109	109	law involving the inhalation of the fumes or vapors of paint and
110	110	other protective coatings or glue and other adhesives and the
111	111	volatile chemicals itemized in Section 485.001, Health and Safety
112	112	Code;
113	113	(5) an act that violates a school district's
114	114	previously communicated written standards of student conduct for
115	115	which the child has been expelled under Section 37.007(c),
116	116	Education Code;
117	117	(6) conduct that violates a reasonable and lawful
118	118	order of a court entered under Section 264.305;
119	119	(7) notwithstanding Subsection (a)(1), conduct
120	120	described by Section 43.02(a)(1) or (2), Penal Code; [or]
121	121	(8) notwithstanding Subsection (a)(1), conduct that
122	122	violates Section 43.261, Penal Code; or
123	123	(9) conduct that violates a lawful order of a court in
124	124	a case for a status offense, under circumstances that would
125	125	constitute contempt of that court in a justice, municipal, or
126	126	county court.
127	127	SECTION 5. Section 51.12, Family Code, is amended by adding
128	128	Subsection (a-1) to read as follows:
129	129	(a-1) Notwithstanding any other provision of this section,
130	130	a child may only be detained in an office or place described by
131	131	Subsection (a)(1) or (2) or a nonsecure correctional facility that
132	132	meets the conditions of Subsections (j-1)(1), (3), and (4) if a
133	133	child is accused only of:
134	134	(1) a status offense;
135	135	(2) the violation of a valid court order, as defined by
136	136	Section 51.02(17); or
137	137	(3) conduct in need of supervision under Section
138	138	51.03(b)(9).
139	139	SECTION 6. Section 52.02(a), Family Code, is amended to
140	140	read as follows:
141	141	(a) Except as provided by Subsection (c), a person taking a
142	142	child into custody, without unnecessary delay and without first
143	143	taking the child to any place other than a juvenile processing
144	144	office designated under Section 52.025, shall do one of the
145	145	following:
146	146	(1) release the child to a parent, guardian, custodian
147	147	of the child, or other responsible adult upon that person's promise
148	148	to bring the child before the juvenile court as requested by the
149	149	court;
150	150	(2) bring the child before the office or official
151	151	designated by the juvenile board if there is probable cause to
152	152	believe that the child engaged in delinquent conduct, conduct
153	153	indicating a need for supervision, or conduct that violates a
154	154	condition of probation imposed by the juvenile court;
155	155	(3) bring the child to a detention facility designated
156	156	by the juvenile board, unless Section 51.12(a-1) applies to the
157	157	child;
158	158	(4) bring the child to a secure detention facility as
159	159	provided by Section 51.12(j), unless Section 51.12(a-1) applies to
160	160	the child;
161	161	(5) bring the child to a medical facility if the child
162	162	is believed to suffer from a serious physical condition or illness
163	163	that requires prompt treatment;
164	164	(6) dispose of the case under Section 52.03; [or]
165	165	(7) if school is in session and the child is a student,
166	166	bring the child to the school campus to which the child is assigned
167	167	if the principal, the principal's designee, or a peace officer
168	168	assigned to the campus agrees to assume responsibility for the
169	169	child for the remainder of the school day; or
170	170	(8) if Section 51.12(a-1) applies to the child:
171	171	(A) bring the child to a place of nonsecure
172	172	custody in compliance with Articles 45.058(c), (d), and (e), Code
173	173	of Criminal Procedure; or
174	174	(B) if a juvenile processing office or place of
175	175	nonsecure custody is not available, bring the child to a nonsecure
176	176	correctional facility that meets the conditions of Sections
177	177	51.12(j-1)(1), (3), and (4).
178	178	SECTION 7. Section 54.011, Family Code, is amended by
179	179	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
180	180	to read as follows:
181	181	(a) The detention hearing for a [status offender or]
182	182	nonoffender who has not been released administratively under
183	183	Section 53.02 shall be held before the 24th hour after the time the
184	184	child arrived at a detention facility, excluding hours of a weekend
185	185	or a holiday. Except as otherwise provided by this section, the
186	186	judge or referee conducting the detention hearing shall release the
187	187	[status offender or] nonoffender from secure detention.
188	188	(a-1) If Section 51.12(a-1) applies to a child, the child
189	189	may not be detained at a place of detention for longer than 24 hours
190	190	after the time the child arrived at the place of detention. If the
191	191	child is not released before the sixth hour after the time the child
192	192	arrived at the place of detention, the child is entitled to a
193	193	detention hearing that must be held before the 24th hour after the
194	194	time the child arrived at the place of detention, excluding
195	195	weekends and holidays. Except as otherwise provided by this
196	196	section, the judge or referee conducting the detention hearing
197	197	shall release the child from detention.
198	198	(b) The judge or referee may order a child in detention
199	199	accused of the violation of a valid court order as defined by
200	200	Section 51.02(17) [51.02] detained not longer than 24 [72] hours
201	201	after the time the detention order was entered, excluding weekends
202	202	and holidays, if:
203	203	(1) the judge or referee finds at the detention
204	204	hearing that there is probable cause to believe the child violated
205	205	the valid court order; and
206	206	(2) the detention of the child is justified under
207	207	Section 54.01(e)(1), (2), or (3).
208	208	(c) Except as provided by Subsection (d), a detention order
209	209	entered under Subsection (b) may be extended for one additional
210	210	24-hour [72-hour] period, excluding weekends and holidays, only on
211	211	a finding of good cause by the juvenile court.
212	212	SECTION 8. Section 54.04(o), Family Code, is amended to
213	213	read as follows:
214	214	(o) In a disposition under this title,[:
215	215	[(1)] a child [status offender] may not, under any
216	216	circumstances, be placed in a post-adjudication secure
217	217	correctional facility or committed to the Texas Juvenile Justice
218	218	Department only [Youth Commission] for:
219	219	(1) engaging in conduct that is a status offense
220	220	[would not, under state or local law, be a crime if committed by an
221	221	adult];
222	222	(2) violating a valid court order [a status offender
223	223	may not, under any circumstances other than as provided under
224	224	Subsection (n), be placed in a post-adjudication secure
225	225	correctional facility]; or [and]
226	226	(3) conduct indicating a need for supervision under
227	227	Section 51.03(b)(9) [a child adjudicated for contempt of a county,
228	228	justice, or municipal court order may not, under any circumstances,
229	229	be placed in a post-adjudication secure correctional facility or
230	230	committed to the Texas Youth Commission for that conduct].
231	231	SECTION 9. Section 59.003(a), Family Code, is amended to
232	232	read as follows:
233	233	(a) Subject to Subsection (e), after a child's first
234	234	commission of delinquent conduct or conduct indicating a need for
235	235	supervision, the probation department or prosecuting attorney may,
236	236	or the juvenile court may, in a disposition hearing under Section
237	237	54.04 or a modification hearing under Section 54.05, assign a child
238	238	one of the following sanction levels according to the child's
239	239	conduct:
240	240	(1) for conduct indicating a need for supervision,
241	241	other than conduct described in Section 51.03(b)(4), [or] (5), or
242	242	(9) or a Class A or B misdemeanor, the sanction level is one;
243	243	(2) for conduct indicating a need for supervision
244	244	under Section 51.03(b)(4), [or] (5), or (9) or a Class A or B
245	245	misdemeanor, other than a misdemeanor involving the use or
246	246	possession of a firearm, or for delinquent conduct under Section
247	247	51.03(a)(2), the sanction level is two;
248	248	(3) for a misdemeanor involving the use or possession
249	249	of a firearm or for a state jail felony or a felony of the third
250	250	degree, the sanction level is three;
251	251	(4) for a felony of the second degree, the sanction
252	252	level is four;
253	253	(5) for a felony of the first degree, other than a
254	254	felony involving the use of a deadly weapon or causing serious
255	255	bodily injury, the sanction level is five;
256	256	(6) for a felony of the first degree involving the use
257	257	of a deadly weapon or causing serious bodily injury, for an
258	258	aggravated controlled substance felony, or for a capital felony,
259	259	the sanction level is six; or
260	260	(7) for a felony of the first degree involving the use
261	261	of a deadly weapon or causing serious bodily injury, for an
262	262	aggravated controlled substance felony, or for a capital felony, if
263	263	the petition has been approved by a grand jury under Section 53.045,
264	264	or if a petition to transfer the child to criminal court has been
265	265	filed under Section 54.02, the sanction level is seven.
266	266	SECTION 10. Section 71.0352, Government Code, is amended to
267	267	read as follows:
268	268	Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND
269	269	JUVENILE COURTS. As a component of the official monthly report
270	270	submitted to the Office of Court Administration of the Texas
271	271	Judicial System:
272	272	(1) justice and municipal courts shall report the
273	273	number of cases filed for the following offenses:
274	274	(A) failure to attend school under Section
275	275	25.094, Education Code;
276	276	(B) parent contributing to nonattendance under
277	277	Section 25.093, Education Code; and
278	278	(C) violation of a local daytime curfew ordinance
279	279	adopted under Section 341.905 or 351.903, Local Government Code;
280	280	and
281	281	(2) in cases in which a child fails to obey an order of
282	282	a justice or municipal court under circumstances that would
283	283	constitute contempt of court, the justice or municipal court shall
284	284	report the number of incidents in which the child is:
285	285	(A) referred to the appropriate juvenile court
286	286	for delinquent conduct or conduct indicating a need for supervision
287	287	as provided by Article 45.050(c)(1), Code of Criminal Procedure,
288	288	and Section 51.03(a)(2) or (b)(9), Family Code; or
289	289	(B) held in contempt, fined, or denied driving
290	290	privileges as provided by Article 45.050(c)(2), Code of Criminal
291	291	Procedure.
292	292	SECTION 11. Section 54.04(n), Family Code, is repealed.
293	293	SECTION 12. The changes in law made by this Act apply only
294	294	to conduct violating a penal law that occurs on or after the
295	295	effective date of this Act. Conduct violating a penal law that
296	296	occurs before the effective date of this Act is governed by the law
297	297	in effect when the conduct occurred, and the former law is continued
298	298	in effect for that purpose. For purposes of this section, conduct
299	299	violating a penal law occurred before the effective date of this Act
300	300	if any element of the violation occurred before that date.
301	301	SECTION 13. This Act takes effect September 1, 2015.