By: Wu (Senate Sponsor - Miles) H.B. No. 678
(In the Senate - Received from the House April 10, 2017;
April 19, 2017, read first time and referred to Committee on
Criminal Justice; May 17, 2017, reported favorably by the
following vote: Yeas 8, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for the entering of a plea or a
stipulation of evidence by a child subject to a determinate
sentence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.10, Family Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) Except as provided by Subsection (f), the [The] hearings
provided by Sections 54.03, 54.04, and 54.05 may not be held before
a referee if the grand jury has approved of the petition and the
child is subject to a determinate sentence.
(f) When the state and a child who is subject to a
determinate sentence agree to the disposition of the case, wholly
or partly, a referee or associate judge may hold a hearing for the
purpose of allowing the child to enter a plea or stipulation of
evidence. After the hearing under this subsection, the referee or
associate judge shall transmit the referee's or associate judge's
written findings and recommendations regarding the plea or
stipulation of evidence to the juvenile court judge for
consideration. The juvenile court judge may accept or reject the
plea or stipulation of evidence in accordance with Section
54.03(j).
SECTION 2. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct 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 occurs before the effective date
of this Act if any element of the conduct occurs before that date.
SECTION 3. This Act takes effect September 1, 2017.
* * * * *