Texas 2017 - 85th Regular

Texas House Bill HB678

Filed
12/21/16  
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

Caption

Relating to the procedure for the entering of a plea or a stipulation of evidence by a child subject to a determinate sentence.

Impact

The enactment of HB 678 introduces a significant shift in how juvenile cases involving determinate sentences are processed. It aims to reduce the backlog in juvenile courts by enabling alternate adjudication methods through referees or associate judges. Additionally, it enhances the opportunities for plea agreements, which can lead to quicker resolutions and potentially more favorable outcomes for child offenders. By allowing referees to conduct these hearings, the bill facilitates a more efficient judicial process, which could mitigate some of the frustrations commonly associated with juvenile proceedings.

Summary

House Bill 678 aims to modify the legal procedure concerning the entering of a plea or stipulation of evidence by children who have been subjected to a determinate sentence in Texas. Specifically, the bill amends existing sections of the Family Code regarding juvenile court procedures. It permits a referee or associate judge to hold hearings for children who are subject to a determinate sentence, allowing for plea agreements if both the state and the child agree on the case's disposition. This change is intended to streamline the judicial process for juvenile offenders and accommodate situations where a resolution might be reached without a full court hearing.

Sentiment

Overall, sentiment towards HB 678 appears to be largely supportive, particularly among advocates of juvenile justice reform who believe that initiatives improving the efficiency of the legal process for minors are essential. Proponents argue that providing children with a pathway to resolve their cases through plea agreements can prevent the clogs that often occur in juvenile courts. However, there may be concerns from certain sectors regarding the adequacy of the safeguards in place to protect the rights of young offenders during these streamlined processes and whether their best interests are sufficiently met under the new amendments.

Contention

While there seems to be support for HB 678, some points of contention could arise relating to the additional authority granted to referees and associate judges. Critics may worry that having these judicial figures conduct significant hearings could lead to inconsistencies in how pleas are handled, as well as questions surrounding the oversight of these proceedings compared to traditional court settings. There may also be apprehensions about maintaining adequate legal representation for youth during such hearings and ensuring that their rights are upheld, highlighting a critical debate over balancing judicial efficiency with the rights of child offenders.

Companion Bills

No companion bills found.

Previously Filed As

TX HB828

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB501

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB1654

Relating to the eligibility of a child for a determinate sentence for engaging in delinquent conduct that constitutes certain organized criminal activity.

TX HB3186

Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.

TX SB1505

Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB782

Relating to authority of a court to reduce or modify a defendant's sentence.

TX SB1401

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX HB2668

Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.

TX HB77

Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.

Similar Bills

No similar bills found.