Texas 2019 - 86th Regular

Texas Senate Bill SB2242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8771 LHC-F
2	2	By: Whitmire S.B. No. 2242
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to youth diversion programs for children accused of
8	8	certain fine-only offenses and related criminal justice matters;
9	9	authorizing and imposing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 45, Code of Criminal Procedure, is
12	12	amended by adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. YOUTH DIVERSION
14	14	Art. 45.301. DEFINITIONS. In this subchapter:
15	15	(1) "Charge" means a formal or informal allegation of
16	16	an offense, including a citation, written promise to appear,
17	17	complaint, or pending complaint.
18	18	(2) "Child" has the meaning assigned by Article
19	19	45.058(h).
20	20	(3) "Diversion" means an intervention strategy that
21	21	redirects a child from formal criminal prosecution and holds the
22	22	child accountable for the child's actions. The term includes
23	23	diversion under Article 45.310, 45.311, 45.313, or 45.314.
24	24	(4) "Offense" means a Class C misdemeanor other than a
25	25	traffic offense.
26	26	(5) "Parent" has the meaning assigned by Article
27	27	45.057(a).
28	28	(6) "Service provider" means a governmental agency,
29	29	political subdivision, open-enrollment charter school, nonprofit
30	30	organization, or other entity that provides services to children or
31	31	families.
32	32	(7) "Youth diversion plan" means a plan adopted under
33	33	Article 45.306.
34	34	Art. 45.302. APPLICABILITY. This subchapter applies only
35	35	to a child who is alleged to have engaged in conduct that
36	36	constitutes a Class C misdemeanor other than a traffic offense.
37	37	Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED.
38	38	Nothing in this subchapter precludes:
39	39	(1) a case involving a child from being referred,
40	40	adjudicated, or disposed of as conduct indicating a need for
41	41	supervision under Title 3, Family Code; or
42	42	(2) a waiver of criminal jurisdiction and transfer of
43	43	a child's case as provided by Section 51.08, Family Code.
44	44	Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as
45	45	provided by Subsection (b), a child shall be diverted from formal
46	46	criminal prosecution as provided by this subchapter.
47	47	(b) A child who is 15 years of age or older at the time the
48	48	child is alleged to have engaged in conduct that constitutes an
49	49	offense is not eligible for diversion if the child has previously
50	50	had two unsuccessful diversions under this subchapter for unrelated
51	51	offenses.
52	52	Art. 45.305. DIVERSION STRATEGIES. (a) Diversion
53	53	strategies include:
54	54	(1) requiring a child to participate in a program,
55	55	including:
56	56	(A) a court-approved teen court program operated
57	57	by a service provider;
58	58	(B) a school-related program;
59	59	(C) an educational program, including an alcohol
60	60	awareness program approved by the Texas Department of Licensing and
61	61	Regulation or a tobacco awareness program or a drug education
62	62	program approved by the Department of State Health Services;
63	63	(D) a rehabilitation program; or
64	64	(E) a self-improvement program, including a
65	65	program relating to self-esteem, leadership, self-responsibility,
66	66	empathy, parenting, parental responsibility, manners, violence
67	67	avoidance, anger management, life skills, wellness, or dispute
68	68	resolution;
69	69	(2) referring the child to a service provider for
70	70	services, including:
71	71	(A) at-risk youth services under Subchapter D,
72	72	Chapter 264, Family Code;
73	73	(B) juvenile case manager services under Article
74	74	45.056;
75	75	(C) work and job skills training, including job
76	76	interviewing and work preparation;
77	77	(D) academic monitoring or tutoring, including
78	78	preparation for a high school equivalency examination administered
79	79	under Section 7.111, Education Code;
80	80	(E) community-based services;
81	81	(F) mental health screening and clinical
82	82	assessment;
83	83	(G) counseling, including private or in-school
84	84	counseling; or
85	85	(H) mentoring services;
86	86	(3) requiring a child to:
87	87	(A) participate in mediation or other dispute
88	88	resolution processes;
89	89	(B) submit to alcohol or drug testing; or
90	90	(C) substantially comply with a course of
91	91	treatment prescribed by a physician or other licensed medical or
92	92	mental health professional; and
93	93	(4) requiring a child, by court order, to:
94	94	(A) pay restitution not to exceed $100 for an
95	95	offense against property under Title 7, Penal Code;
96	96	(B) perform not more than 20 hours of community
97	97	service; or
98	98	(C) perform any other reasonable action
99	99	determined by the court.
100	100	(b) A diversion strategy may be imposed under:
101	101	(1) a diversion by law enforcement under Article
102	102	45.309 or 45.310;
103	103	(2) an intermediate diversion from court under Article
104	104	45.313;
105	105	(3) a diversion by a justice or judge under Article
106	106	45.314; or
107	107	(4) a system of graduated sanctions for certain school
108	108	offenses under Section 37.144, Education Code.
109	109	Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion
110	110	plan is a written plan that describes the types of strategies that
111	111	will be used to implement youth diversion. A youth diversion plan
112	112	does not limit the types of diversion strategies that may be imposed
113	113	under a diversion agreement under Article 45.312.
114	114	(b) Each justice and municipal court shall adopt a youth
115	115	diversion plan.
116	116	(c) A youth diversion plan may be devised for a county or
117	117	municipality or an individual court within a county or
118	118	municipality.
119	119	(d) In accordance with Chapter 791, Government Code, a local
120	120	government may enter into an agreement with one or more local
121	121	governments to create a regional youth diversion plan and
122	122	collaborate in the implementation of this subchapter.
123	123	(e) A youth diversion plan may include an agreement with a
124	124	service provider to provide services for a diversion strategy.
125	125	(f) A youth diversion plan may contain guidelines for
126	126	disposition or diversion of a child's case by law enforcement under
127	127	Article 45.310 or 45.311. The guidelines are not mandatory.
128	128	(g) The guidelines adopted under Subsection (f) may not
129	129	allow for the disposition or diversion of a child's case under
130	130	Article 45.310 or 45.311 if there is probable cause to believe that
131	131	the child may be the victim of conduct that constitutes an offense
132	132	under Section 20A.02, Penal Code (trafficking of persons).
133	133	(h) A current youth diversion plan must be maintained on
134	134	file for public inspection in each justice and municipal court,
135	135	including courts that collaborate with one or more counties or
136	136	municipalities.
137	137	(i) A court or local government may adopt rules necessary to
138	138	coordinate services under a youth diversion plan or to implement
139	139	this subchapter.
140	140	Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may
141	141	designate a youth diversion coordinator to assist the court in:
142	142	(1) determining whether a youth is eligible for
143	143	diversion;
144	144	(2) employing a diversion strategy authorized by this
145	145	subchapter;
146	146	(3) presenting and maintaining diversion agreements;
147	147	(4) monitoring diversions;
148	148	(5) maintaining records regarding whether one or more
149	149	diversions were successful or unsuccessful; and
150	150	(6) coordinating referrals to court.
151	151	(b) The responsibilities of the youth diversion coordinator
152	152	may be performed by:
153	153	(1) a court administrator or court clerk, or a person
154	154	who regularly performs the duties of court administrator or court
155	155	clerk;
156	156	(2) an individual or entity that provides juvenile
157	157	case manager services under Article 45.056;
158	158	(3) a court-related services office;
159	159	(4) a community supervision and corrections
160	160	department;
161	161	(5) a county or municipal employee;
162	162	(6) a community volunteer;
163	163	(7) an institution of higher learning, including a
164	164	private or independent institution; or
165	165	(8) a qualified nonprofit organization.
166	166	Art. 45.308. YOUTH DIVERSION ADVISORY COUNCIL. (a) A
167	167	commissioners court of a county or the governing body of a
168	168	municipality may establish a youth diversion advisory council.
169	169	(b) The purpose of a youth diversion advisory council is to
170	170	facilitate community input, suggest improvements to a youth
171	171	diversion plan, and make recommendations to accomplish the
172	172	following objectives:
173	173	(1) to provide children the option of an alternative,
174	174	non-adversarial procedure to resolve certain charges while
175	175	ensuring that the child's legal rights are protected;
176	176	(2) to authorize diversions from criminal prosecution
177	177	under this subchapter that emphasize accountability and
178	178	responsibility of the parent and the child for the child's conduct;
179	179	(3) to reduce recidivism and the occurrence of problem
180	180	behaviors without criminal prosecution in justice and municipal
181	181	courts;
182	182	(4) to identify at-risk youth and, where appropriate,
183	183	refer at-risk youth to services under Subchapter D, Chapter 264,
184	184	Family Code;
185	185	(5) to remove, where appropriate, the taint of
186	186	criminality and collateral consequences of criminal convictions
187	187	from children charged with certain unlawful acts;
188	188	(6) to encourage problem-solving approaches and the
189	189	use of evidence-based practices in focusing on outcomes that are in
190	190	the best interest of the child and the community; and
191	191	(7) to increase collaboration between governmental,
192	192	educational, and nonprofit organizations in devising local and
193	193	regional diversion strategies.
194	194	(c) The commissioners court of the county or governing body
195	195	of the municipality appoints the members of the youth diversion
196	196	advisory council. The members serve terms specified by the
197	197	commissioners court or governing body without compensation.
198	198	(d) County and municipal youth diversion advisory councils
199	199	may collaborate to identify best practices, share information and
200	200	resources, and coordinate diversion efforts under this subchapter.
201	201	(e) One or more counties or municipalities by agreement may
202	202	create a regional youth diversion advisory council.
203	203	Art. 45.309. WARNING NOTICE BY PEACE OFFICER. (a) In lieu
204	204	of taking a child into custody, issuing a citation, or filing a
205	205	complaint for an offense, a peace officer may issue a warning notice
206	206	to the child if:
207	207	(1) guidelines for issuing a warning notice have been
208	208	issued by the law enforcement agency employing the peace officer;
209	209	(2) the warning notice is authorized by the
210	210	guidelines;
211	211	(3) the warning notice identifies the child and
212	212	describes the child's alleged offense;
213	213	(4) a copy of the warning notice is sent to the child's
214	214	parent as soon as practicable; and
215	215	(5) a copy of the warning notice is filed with a
216	216	service provider, youth diversion coordinator, or other person
217	217	designated in the youth diversion plan.
218	218	(b) A warning notice filed under this article is not a
219	219	diversion but may be used as the basis of further action under the
220	220	terms of a diversion agreement.
221	221	Art. 45.310. PEACE OFFICER DISPOSITION. (a) In lieu of
222	222	issuing a citation to a child or filing a complaint in a justice or
223	223	municipal court, a peace officer may dispose of a case if:
224	224	(1) guidelines for a disposition under this article
225	225	have been adopted and are included in a youth diversion plan;
226	226	(2) the disposition is authorized by the guidelines;
227	227	and
228	228	(3) the peace officer makes a written report of the
229	229	officer's disposition to the law enforcement agency employing the
230	230	officer, identifying the child and specifying the grounds for
231	231	believing that the child committed an offense.
232	232	(b) A disposition under this article may not include:
233	233	(1) keeping the child in law enforcement custody; or
234	234	(2) requiring the child to report periodically to a
235	235	peace officer, law enforcement agency, or other service provider.
236	236	(c) A disposition under this article may include:
237	237	(1) referral of the child to a service provider or
238	238	other diversion strategy specified in a youth diversion plan;
239	239	(2) a brief conference with the child and the child's
240	240	parent; or
241	241	(3) referral of the child and the child's parent for
242	242	at-risk youth services under Subchapter D, Chapter 264, Family
243	243	Code.
244	244	Art. 45.311. FIRST OFFENSE DIVERSION PROGRAM. (a) In this
245	245	article, "program" means a first offense diversion program
246	246	established under this article.
247	247	(b) As part of a youth diversion plan, a commissioners court
248	248	of a county or the governing body of a municipality may establish a
249	249	first offense diversion program for the referral and disposition of
250	250	a case before the filing of a charge for a first offense.
251	251	(c) A county or municipality in which a program has been
252	252	established shall designate one or more peace officers, law
253	253	enforcement agencies, or service providers to process children in
254	254	the program.
255	255	(d) In lieu of issuing a citation to a child or filing a
256	256	complaint in a justice or municipal court, a peace officer who has a
257	257	child in custody may refer the child to the peace officer, law
258	258	enforcement agency, or service provider designated under
259	259	Subsection (c) if:
260	260	(1) the child has not previously been referred to a
261	261	program under this article; and
262	262	(2) the officer reports the referral in writing to the
263	263	agency, identifying the child and specifying the grounds for taking
264	264	the child into custody or for accusing the child of the offense.
265	265	(e) A child's parent shall be notified that the child is
266	266	eligible to be referred to a first offense diversion program. The
267	267	notice must:
268	268	(1) state the grounds for believing that the child has
269	269	committed an offense;
270	270	(2) identify the peace officer, law enforcement
271	271	agency, or service provider to which the child may be referred;
272	272	(3) briefly describe the nature of the program; and
273	273	(4) state that the child's failure to complete the
274	274	program will result in the child being referred to court unless
275	275	stated otherwise in a youth diversion plan.
276	276	(f) Before a child is referred to a program, the child and
277	277	the child's parent must consent to the referral.
278	278	(g) A referral to a program under this article may be for a
279	279	period of not more than 180 days.
280	280	(h) Diversion strategies in a program may include:
281	281	(1) voluntary restitution by the child or the child's
282	282	parent to the victim of the child's conduct;
283	283	(2) voluntary community service by the child;
284	284	(3) educational or vocational training, counseling,
285	285	or other rehabilitative services;
286	286	(4) referral of the child to a service provider or
287	287	other diversion strategy specified in a youth diversion plan; and
288	288	(5) periodic reporting by the child to the peace
289	289	officer, law enforcement agency, or service provider to which the
290	290	child is referred.
291	291	(i) The case of a child who successfully completes a program
292	292	is closed and may not be referred to court.
293	293	(j) The case of a child referred to a program shall be
294	294	referred to a prosecutor or to court, or as specified in a youth
295	295	diversion plan, if:
296	296	(1) the child fails to complete the program;
297	297	(2) the child or the child's parent terminates the
298	298	child's participation in the program before the child completes the
299	299	program; or
300	300	(3) the child is alleged to have committed another
301	301	offense during the child's participation in the program.
302	302	(k) A statement made by a child to a person while
303	303	participating in a program may not be used against the child in any
304	304	subsequent court proceeding.
305	305	Art. 45.312. DIVERSION AGREEMENT. (a) A diversion
306	306	agreement must identify the parties to the agreement and the
307	307	responsibilities of the child and the child's parent to ensure
308	308	their meaningful participation in a diversion under Article 45.313
309	309	or 45.314.
310	310	(b) Stated objectives in a diversion agreement must be
311	311	measurable, realistic, and reasonable considering the
312	312	circumstances of the child and the best interests of the child and
313	313	the community.
314	314	(c) A diversion agreement must include:
315	315	(1) the terms of the agreement, including any
316	316	diversion strategy, written in a clear and concise manner and
317	317	identifying any offense or charge being diverted;
318	318	(2) possible consequences of a successful diversion
319	319	and an unsuccessful diversion;
320	320	(3) an explanation that participation in a diversion
321	321	is not an admission of guilt and a guilty plea is not required to
322	322	participate in a diversion;
323	323	(4) an explanation of the process that will be used for
324	324	reviewing and monitoring compliance with the terms of the
325	325	agreement;
326	326	(5) the period of the diversion;
327	327	(6) a verification that:
328	328	(A) the child and the child's parent were
329	329	notified of the child's rights, including the right to refuse
330	330	diversion; and
331	331	(B) the child knowingly and voluntarily consents
332	332	to participate in the diversion; and
333	333	(7) written acknowledgment and acceptance of the
334	334	agreement by the child and the child's parent.
335	335	(d) The terms of an agreement may vary depending on the
336	336	circumstances of the child, including the child's age and ability,
337	337	the charge being diverted, the diversion program, or the diversion
338	338	strategy.
339	339	(e) A charge may not be filed against a child or, if filed,
340	340	shall be dismissed if the child:
341	341	(1) does not contest the charge;
342	342	(2) is eligible for diversion under Article 45.304;
343	343	and
344	344	(3) accepts the terms of the agreement.
345	345	(f) Entering into a diversion agreement under this article
346	346	extends the court's jurisdiction for the term of the agreement.
347	347	(g) On entering into a diversion agreement, a copy of the
348	348	agreement shall be provided to the child and the child's parent, the
349	349	clerk of the court, a youth diversion coordinator, and any person
350	350	specified by the youth diversion plan.
351	351	Art. 45.313. INTERMEDIATE DIVERSION FROM COURT. (a) If
352	352	provided by a youth diversion plan and subject to the direction of
353	353	the court, a youth diversion coordinator, juvenile case manager, or
354	354	other designated officer of the court shall advise the child and the
355	355	child's parent before a case is filed that the case may be diverted
356	356	under this article for a reasonable period not to exceed 180 days
357	357	if:
358	358	(1) the child is eligible for diversion under Article
359	359	45.304;
360	360	(2) diversion is in the best interest of the child and
361	361	the community;
362	362	(3) the child and the child's parent consent to
363	363	diversion with the knowledge that diversion is optional; and
364	364	(4) the child and the child's parent are informed that
365	365	they may terminate the diversion at any time and, if terminated, the
366	366	case will be referred to court.
367	367	(b) The terms of a diversion agreement under this article
368	368	must be in writing and may include any of the diversion strategies
369	369	under Article 45.305.
370	370	(c) The case of a child who successfully complies with the
371	371	terms of a diversion agreement under this article shall be closed
372	372	and reported as successful to the court.
373	373	(d) A child who does not comply with the terms of a diversion
374	374	agreement under this article shall be referred to court under
375	375	Article 45.315.
376	376	(e) A statement made by a child or parent during a
377	377	discussion related to a diversion under this article may not be used
378	378	against a declarant in any subsequent court proceeding.
379	379	Art. 45.314. DIVERSION BY JUSTICE OR JUDGE. (a) If a
380	380	charge involving a child who is eligible for diversion is filed with
381	381	a court, a justice or judge shall divert the case under this
382	382	article.
383	383	(b) If the child does not contest the charge, a justice or
384	384	judge shall divert the case under this article without the child
385	385	having to enter a plea.
386	386	(c) If the child contests the charge, a justice or judge
387	387	shall divert the case under this article at the conclusion of trial
388	388	on a finding of guilt without entering a judgment of conviction as
389	389	provided by Article 45.041.
390	390	(d) A diversion under this article may not exceed 180 days.
391	391	(e) The terms of a diversion agreement under this article
392	392	must be in writing and may include any of the diversion strategies
393	393	described by Article 45.305.
394	394	(f) The case of a child who successfully complies with the
395	395	terms of a diversion agreement under this article shall be closed
396	396	and reported as successful to the court.
397	397	(g) A child who does not comply with the terms of a diversion
398	398	agreement under this article shall be referred to court for a
399	399	hearing under Article 45.315.
400	400	Art. 45.315. REFERRAL TO COURT. (a) A court shall conduct
401	401	a non-adversarial hearing for a child who does not successfully
402	402	complete the terms of a diversion under Article 45.311, 45.313, or
403	403	45.314 and is referred to court.
404	404	(b) The hearing is an opportunity for a justice or judge to
405	405	confer with the child and the child's parent to determine whether a
406	406	diversion should be declared unsuccessful by the court. The court
407	407	may also hear from any person who may be of assistance to the child
408	408	or the court in determining what is in the best interest of the
409	409	child and the community.
410	410	(c) After the hearing, a court may enter an order:
411	411	(1) amending or setting aside terms in a diversion
412	412	agreement;
413	413	(2) extending the diversion for a period not to exceed
414	414	one year;
415	415	(3) issuing a continuance for the hearing for a period
416	416	not to exceed 60 days to allow an opportunity for compliance with
417	417	the terms of a diversion;
418	418	(4) requiring the child's parent to do or refrain from
419	419	doing any act if the court determines that will increase the
420	420	likelihood the child will successfully complete the diversion and
421	421	comply with any other order of the court that is reasonable and
422	422	necessary for the welfare of the child;
423	423	(5) finding the diversion successful on the basis of
424	424	substantial compliance; or
425	425	(6) finding the diversion unsuccessful.
426	426	(d) If the court enters an order under Subsection (c)(6),
427	427	the court may transfer the child to juvenile court for alleged
428	428	conduct indicating a need for supervision under Section 51.08,
429	429	Family Code, if the child has previously had two unsuccessful
430	430	diversions.
431	431	(e) An order under Subsection (c)(4) is enforceable by
432	432	contempt.
433	433	Art. 45.316. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
434	434	(a) The clerk of a justice or municipal court may collect from a
435	435	child's parent a $30 administrative fee to defray the costs of the
436	436	diversion of the child's case under this subchapter.
437	437	(b) The fee under this article may not be collected unless
438	438	specified as a term of the diversion agreement accepted by the
439	439	child's parent. If the fee is not paid after giving the child's
440	440	parent an opportunity to be heard, the court shall order the parent,
441	441	if financially able, to pay the fee to the clerk of the court.
442	442	(c) A court shall waive the fee if the child's parent is
443	443	indigent or does not have sufficient resources or income to pay the
444	444	fee.
445	445	(d) A court may adopt rules for the waiver of a fee for
446	446	financial hardship under this article.
447	447	(e) The clerk of the court shall keep a record of the fees
448	448	collected under this article and shall forward the funds to the
449	449	county treasurer, municipal treasurer, or person fulfilling the
450	450	role of a county treasurer or municipal treasurer, as appropriate.
451	451	(f) The fee collected under this article shall be deposited
452	452	in a special account that can be used only to offset the cost of the
453	453	operations of youth diversion programs under this subchapter.
454	454	(g) Except for the fee authorized under Subsection (a), a
455	455	fee may not be assessed for a child diverted under this subchapter.
456	456	(h) The diversion of a child may not be contingent on
457	457	payment of a fee under this article.
458	458	Art. 45.317. DIVERSION RECORDS. (a) A justice or
459	459	municipal court shall maintain statistics for each diversion
460	460	strategy authorized by this subchapter.
461	461	(b) Statistics indicating the number of warning notices
462	462	under Article 45.309 and types of dispositions or diversions made
463	463	by a law enforcement agency under Article 45.310 or 45.311 shall be
464	464	reported at least annually to the justice or municipal court or
465	465	youth diversion coordinator as specified by a youth diversion plan.
466	466	Statistics shall include the age, gender, and ethnicity of the
467	467	child and the offense alleged by law enforcement to have been
468	468	committed by the child.
469	469	(c) Other than statistical records, all records generated
470	470	under this subchapter are confidential under Article 45.0217.
471	471	(d) All records of a diversion pertaining to a child under
472	472	this subchapter may be expunged after the child's 17th birthday and
473	473	shall, without requirement for a motion or request, be expunged
474	474	before the child's 18th birthday.
475	475	SECTION 2. Article 42.15(a-1), Code of Criminal Procedure,
476	476	as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
477	477	Regular Session, 2017, is amended to read as follows:
478	478	(a-1) Notwithstanding any other provision of this article,
479	479	during or immediately after imposing a sentence in a case in which
480	480	the defendant entered a plea in open court as provided by Article
481	481	27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
482	482	defendant has sufficient resources or income to immediately pay all
483	483	or part of the fine and costs. If the court determines that the
484	484	defendant does not have sufficient resources or income to
485	485	immediately pay all or part of the fine and costs, the court shall
486	486	determine whether the fine and costs should be:
487	487	(1) subject to Subsection (c), required to be paid at
488	488	some later date or in a specified portion at designated intervals;
489	489	(2) discharged by performing community service
490	490	under[, as applicable,] Article 43.09(f) or [, Article] 45.049[,
491	491	Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the
492	492	82nd Legislature, Regular Session, 2011, or Article 45.0492, as
493	493	added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
494	494	Regular Session, 2011];
495	495	(3) waived in full or in part under Article 43.091 or
496	496	45.0491; or
497	497	(4) satisfied through any combination of methods under
498	498	Subdivisions (1)-(3).
499	499	SECTION 3. Article 42.15(d), Code of Criminal Procedure, is
500	500	amended to read as follows:
501	501	(d) A judge may allow a defendant who is a child, as defined
502	502	by Article 45.058(h), to elect at the time of conviction, as defined
503	503	by Section 133.101, Local Government Code, to discharge the fine
504	504	and costs by:
505	505	(1) performing community service or receiving
506	506	tutoring under Article 45.049 [45.0492, as added by Chapter 227
507	507	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
508	508	or
509	509	(2) paying the fine and costs in a manner described by
510	510	Subsection (b).
511	511	SECTION 4. Article 44.2811, Code of Criminal Procedure, as
512	512	amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
513	513	393), Acts of the 83rd Legislature, Regular Session, 2013, is
514	514	reenacted and amended to read as follows:
515	515	Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING
516	516	DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
517	517	CHILD. All records and files and information stored by electronic
518	518	means or otherwise, from which a record or file could be generated,
519	519	relating to a criminal case for a fine-only misdemeanor, other than
520	520	a traffic offense, that is committed by a child and that is appealed
521	521	are confidential and may not be disclosed to the public except as
522	522	provided under Article 45.0217(b). [(a) This article applies only
523	523	to a misdemeanor offense punishable by fine only, other than a
524	524	traffic offense.
525	525	[(b) All records and files and information stored by
526	526	electronic means or otherwise, from which a record or file could be
527	527	generated, relating to a child who is convicted of and has satisfied
528	528	the judgment for or who has received a dismissal after deferral of
529	529	disposition for an offense described by Subsection (a) are
530	530	confidential and may not be disclosed to the public except as
531	531	provided under Article 45.0217(b).]
532	532	SECTION 5. Article 45.0215(a), Code of Criminal Procedure,
533	533	is amended to read as follows:
534	534	(a) Subject to the requirements of Subchapter E, this [This]
535	535	article applies to a defendant who has not had the disabilities of
536	536	minority removed and has been:
537	537	(1) charged with an offense other than an offense
538	538	under Section 43.261, Penal Code, if the defendant is younger than
539	539	17 years of age; or
540	540	(2) charged with an offense under Section 43.261,
541	541	Penal Code, if the defendant is younger than 18 years of age.
542	542	SECTION 6. Article 45.0217, Code of Criminal Procedure, as
543	543	amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
544	544	393), Acts of the 83rd Legislature, Regular Session, 2013, is
545	545	reenacted and amended to read as follows:
546	546	Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
547	547	AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
548	548	CHILD. (a) [This article applies only to a misdemeanor offense
549	549	punishable by fine only, other than a traffic offense.
550	550	[(a-1)] Except as provided by Article 15.27 and Subsection
551	551	(b), all records and files, including those held by law
552	552	enforcement, and information stored by electronic means or
553	553	otherwise, from which a record or file could be generated, relating
554	554	to a child who is charged with, is convicted of, is found not guilty
555	555	of, had a charge dismissed for, or is granted deferred disposition
556	556	for a fine-only misdemeanor [for or who has received a dismissal
557	557	after deferral of disposition for an] offense other than a traffic
558	558	offense [described by Subsection (a)] are confidential and may not
559	559	be disclosed to the public.
560	560	(b) Information subject to Subsection (a) [(a-1)] may be
561	561	open to inspection only by:
562	562	(1) judges, prosecutors, and the staff of the judges
563	563	or prosecutors [or court staff];
564	564	(2) a criminal justice agency for a criminal justice
565	565	purpose, as those terms are defined by Section 411.082, Government
566	566	Code;
567	567	(3) the Department of Public Safety;
568	568	(4) an attorney for a party to the proceeding;
569	569	(5) the child defendant; [or]
570	570	(6) the defendant's parent, guardian, or managing
571	571	conservator;
572	572	(7) a governmental agency if the disclosure is:
573	573	(A) required or authorized by law; or
574	574	(B) for the purpose of maintaining statistical
575	575	records of recidivism and for diagnosis and classification;
576	576	(8) an individual or entity to whom the child is
577	577	referred for treatment or services if the agency or institution
578	578	disclosing the information has entered into a written
579	579	confidentiality agreement with the individual or entity regarding
580	580	the protection of the disclosed information; or
581	581	(9) with leave of the justice or municipal court, any
582	582	other person having a legitimate interest in the proceeding or in
583	583	the work of the court.
584	584	SECTION 7. Article 45.041(a-1), Code of Criminal Procedure,
585	585	as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
586	586	Regular Session, 2017, is amended to read as follows:
587	587	(a-1) Notwithstanding any other provision of this article,
588	588	during or immediately after imposing a sentence in a case in which
589	589	the defendant entered a plea in open court as provided by Article
590	590	27.14(a) or 27.16(a), the justice or judge shall inquire whether
591	591	the defendant has sufficient resources or income to immediately pay
592	592	all or part of the fine and costs. If the justice or judge
593	593	determines that the defendant does not have sufficient resources or
594	594	income to immediately pay all or part of the fine and costs, the
595	595	justice or judge shall determine whether the fine and costs should
596	596	be:
597	597	(1) subject to Subsection (b-2), required to be paid
598	598	at some later date or in a specified portion at designated
599	599	intervals;
600	600	(2) discharged by performing community service
601	601	under[, as applicable,] Article 45.049[, Article 45.0492, as added
602	602	by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
603	603	Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B.
604	604	1964), Acts of the 82nd Legislature, Regular Session, 2011];
605	605	(3) waived in full or in part under Article 45.0491; or
606	606	(4) satisfied through any combination of methods under
607	607	Subdivisions (1)-(3).
608	608	SECTION 8. Articles 45.041(b-3) and (b-5), Code of Criminal
609	609	Procedure, are amended to read as follows:
610	610	(b-3) If a diversion is not required under Subchapter E or
611	611	Subsection (b-5), a [A] judge shall [may] allow a defendant who is a
612	612	child, as defined by Article 45.058(h), to elect at the time of
613	613	conviction, as defined by Section 133.101, Local Government Code,
614	614	to discharge the fine and costs by:
615	615	(1) performing community service or receiving
616	616	tutoring under Article 45.049 [45.0492, as added by Chapter 227
617	617	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
618	618	or
619	619	(2) paying the fine and costs in a manner described by
620	620	Subsection (b).
621	621	(b-5) If a case involving a child who is eligible for
622	622	diversion under Article 45.304 results in a trial, on a finding of
623	623	guilt, without entering a judgment, sentence, or conviction, the
624	624	justice or judge shall order a diversion under Article 45.314 [The
625	625	requirement under Article 45.0492(a), as added by Chapter 227 (H.B.
626	626	350), Acts of the 82nd Legislature, Regular Session, 2011, that an
627	627	offense occur in a building or on the grounds of the primary or
628	628	secondary school at which the defendant was enrolled at the time of
629	629	the offense does not apply to the performance of community service
630	630	or the receipt of tutoring to discharge a fine or costs under
631	631	Subsection (b-3)(1)].
632	632	SECTION 9. Articles 45.049(a) and (b), Code of Criminal
633	633	Procedure, are amended to read as follows:
634	634	(a) A justice or judge may require a defendant who fails to
635	635	pay a previously assessed fine or costs, [or] who is determined by
636	636	the court to have insufficient resources or income to pay a fine or
637	637	costs, or who is a child and assessed a fine or costs to discharge
638	638	all or part of the fine or costs by performing community service. A
639	639	defendant may discharge an obligation to perform community service
640	640	under this article by paying at any time the fine and costs
641	641	assessed.
642	642	(b) In the justice's or judge's order requiring a defendant
643	643	to perform community service under this article, the justice or
644	644	judge must specify:
645	645	(1) the number of hours of community service the
646	646	defendant is required to perform, not to exceed 20 hours if the
647	647	defendant is a child; and
648	648	(2) the date by which the defendant must submit to the
649	649	court documentation verifying the defendant's completion of the
650	650	community service.
651	651	SECTION 10. Article 45.049(c), Code of Criminal Procedure,
652	652	as amended by Chapters 977 (H.B. 351) and 1127 (S.B. 1913), Acts of
653	653	the 85th Legislature, Regular Session, 2017, is reenacted and
654	654	amended to read as follows:
655	655	(c) The justice or judge may order the defendant to perform
656	656	community service under this article:
657	657	(1) by attending:
658	658	(A) a work and job skills training program;
659	659	(B) a preparatory class for the high school
660	660	equivalency examination administered under Section 7.111,
661	661	Education Code;
662	662	(C) an alcohol or drug abuse program;
663	663	(D) a rehabilitation program;
664	664	(E) a counseling program, including a
665	665	self-improvement program;
666	666	(F) a mentoring program;
667	667	(G) a tutoring program if the defendant is a
668	668	child; or
669	669	(H) [(G)] any similar activity; or
670	670	(2) for:
671	671	(A) a governmental entity;
672	672	(B) a nonprofit organization or another
673	673	organization that provides services to the general public that
674	674	enhance social welfare and the general well-being of the community,
675	675	as determined by the justice or judge; or
676	676	(C) an educational institution.
677	677	SECTION 11. Articles 45.049(d), (f), and (i), Code of
678	678	Criminal Procedure, are amended to read as follows:
679	679	(d) A justice or judge may not order a defendant to perform
680	680	more than 16 hours per week of community service under this article
681	681	unless the justice or judge determines that requiring the defendant
682	682	to perform additional hours does not impose an undue hardship on the
683	683	defendant or the defendant's dependents, or if the defendant is a
684	684	child, on the defendant or the defendant's family. In this
685	685	subsection, "family" has the meaning assigned by Section 71.003,
686	686	Family Code.
687	687	(f) A sheriff, employee of a sheriff's department, county
688	688	commissioner, county employee, county judge, justice of the peace,
689	689	municipal court judge, or officer or employee of a political
690	690	subdivision other than a county or an entity that accepts a
691	691	defendant under this article or Subchapter E to perform community
692	692	service is not liable for damages arising from an act or failure to
693	693	act in connection with community service performed by a defendant
694	694	under this article or Subchapter E if the act or failure to act:
695	695	(1) was performed pursuant to court order; and
696	696	(2) was not intentional, wilfully or wantonly
697	697	negligent, or performed with conscious indifference or reckless
698	698	disregard for the safety of others.
699	699	(i) A community supervision and corrections department, a
700	700	local juvenile probation department, or a court-related services
701	701	office may provide the administrative and other services necessary
702	702	for supervision of a defendant required to perform community
703	703	service under this article.
704	704	SECTION 12. Article 45.051(a-1), Code of Criminal
705	705	Procedure, as amended by Chapters 227 (H.B. 350) and 777 (H.B.
706	706	1964), Acts of the 82nd Legislature, Regular Session, 2011, is
707	707	reenacted and amended to read as follows:
708	708	(a-1) Notwithstanding any other provision of law, as an
709	709	alternative to requiring a defendant charged with one or more
710	710	offenses to make payment of all court costs as required by
711	711	Subsection (a), the judge may:
712	712	(1) allow the defendant to enter into an agreement for
713	713	payment of those costs in installments during the defendant's
714	714	period of probation;
715	715	(2) require an eligible defendant to discharge all or
716	716	part of those costs by performing community service or attending a
717	717	tutoring program under Article 45.049 [or 45.0492]; or
718	718	(3) take any combination of actions authorized by
719	719	Subdivision (1) or (2).
720	720	SECTION 13. Articles 45.056(a), (b), (d), (e), and (g),
721	721	Code of Criminal Procedure, are amended to read as follows:
722	722	(a) On approval of the commissioners court, city council,
723	723	school district board of trustees, juvenile board, or other
724	724	appropriate authority, a county court, justice court, municipal
725	725	court, school district, juvenile probation department, or other
726	726	appropriate governmental entity may:
727	727	(1) employ a juvenile case manager or contract for a
728	728	juvenile case manager to provide services in cases involving:
729	729	(A) youth diversion under Subchapter E;
730	730	(B) children [juvenile offenders] who are before
731	731	a court consistent with the court's statutory powers; or
732	732	(C) children who are referred to a court by a
733	733	school administrator or designee for misconduct that would
734	734	otherwise be within the court's statutory powers prior to a case
735	735	being filed, with the consent of the juvenile and the juvenile's
736	736	parents or guardians;
737	737	(2) employ or contract for the services of one or more
738	738	juvenile case managers who:
739	739	(A) shall assist the court in administering the
740	740	court's juvenile docket and in supervising the court's orders in
741	741	juvenile cases; and
742	742	(B) may provide:
743	743	(i) prevention services to a child
744	744	considered at risk of entering the juvenile justice system; and
745	745	(ii) youth diversion [intervention]
746	746	services to juveniles engaged in misconduct before cases are filed,
747	747	excluding traffic offenses; or
748	748	(3) agree in accordance with Chapter 791, Government
749	749	Code, with any appropriate governmental entity to jointly employ a
750	750	juvenile case manager, jointly contract for juvenile case manager
751	751	services, or [to] jointly contribute to the costs of a juvenile case
752	752	manager or juvenile case manager [employed by one governmental
753	753	entity to provide] services described by Subdivisions (1) and (2).
754	754	(b) A local entity may apply or more than one local entity
755	755	may jointly apply to the criminal justice division of the
756	756	governor's office for reimbursement of all or part of the costs of
757	757	employing one or more juvenile case managers or contracting for
758	758	juvenile case manager services from funds appropriated to the
759	759	governor's office or otherwise available for purposes of youth
760	760	diversion [that purpose]. To be eligible for reimbursement, the
761	761	entity applying must present to the governor's office a
762	762	comprehensive plan to reduce juvenile crimes in the entity's
763	763	jurisdiction and a youth diversion plan under Article 45.306 that
764	764	addresses the role of the juvenile case manager in that effort.
765	765	(d) Pursuant to Article 102.0174, the court or governing
766	766	body may pay:
767	767	(1) the salary and benefits of a juvenile case
768	768	manager;
769	769	(2) the costs of contracting for juvenile case manager
770	770	services; and
771	771	(3) the costs of training, travel, office supplies,
772	772	and other necessary expenses relating to the position of the
773	773	juvenile case manager and juvenile case manager services from the
774	774	juvenile case manager fund.
775	775	(e) A juvenile case manager [employed under Subsection (c)]
776	776	shall give priority to cases brought under Section [Sections]
777	777	25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
778	778	youth diversion under Subchapter E.
779	779	(g) A [The employing] court or governmental entity under
780	780	this article shall implement the rules adopted under Subsection
781	781	(f).
782	782	SECTION 14. Article 45.056(c), Code of Criminal Procedure,
783	783	as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
784	784	the 83rd Legislature, Regular Session, 2013, is reenacted and
785	785	amended to read as follows:
786	786	(c) An entity that jointly employs a juvenile case manager,
787	787	jointly contracts for juvenile case manager services, or jointly
788	788	contributes to the costs of a juvenile case manager or juvenile case
789	789	manager services under Subsection (a)(3) employs a juvenile case
790	790	manager for purposes of Chapter 102 of this code and Chapter 102,
791	791	Government Code.
792	792	SECTION 15. The heading to Article 102.014, Code of
793	793	Criminal Procedure, is amended to read as follows:
794	794	Art. 102.014. COURT COSTS FOR CHILD SAFETY FUND [IN
795	795	MUNICIPALITIES].
796	796	SECTION 16. Articles 102.014(g) and (h), Code of Criminal
797	797	Procedure, are amended to read as follows:
798	798	(g) In a municipality with a population less than 850,000
799	799	according to the most recent federal decennial census, the money
800	800	collected under this article in a municipal court case must be used
801	801	for a school crossing guard program if the municipality operates
802	802	one. If the municipality does not operate a school crossing guard
803	803	program or if the money received from court costs from municipal
804	804	court cases exceeds the amount necessary to fund the school
805	805	crossing guard program, the municipality may:
806	806	(1) deposit the additional money in an
807	807	interest-bearing account;
808	808	(2) expend the additional money for programs designed
809	809	to enhance child safety, health, or nutrition, including child
810	810	abuse prevention and intervention, youth diversion, and drug and
811	811	alcohol abuse prevention; or
812	812	(3) expend the additional money for programs designed
813	813	to enhance public safety and security.
814	814	(h) Money collected under this article in a justice, county,
815	815	or district court shall be used to fund school crossing guard
816	816	programs in the county where they are collected. If the county does
817	817	not operate a school crossing guard program, the county may:
818	818	(1) remit fee revenues to school districts in its
819	819	jurisdiction for the purpose of providing school crossing guard
820	820	services;
821	821	(2) fund programs the county is authorized by law to
822	822	provide which are designed to enhance child safety, health, or
823	823	nutrition, including child abuse prevention and intervention,
824	824	youth diversion, and drug and alcohol abuse prevention;
825	825	(3) provide funding to the sheriff's department for
826	826	school-related activities;
827	827	(4) provide funding to the county juvenile probation
828	828	department; or
829	829	(5) deposit the money in the general fund of the
830	830	county.
831	831	SECTION 17. The heading to Article 102.015, Code of
832	832	Criminal Procedure, is amended to read as follows:
833	833	Art. 102.015. COURT COSTS: YOUTH [TRUANCY PREVENTION AND]
834	834	DIVERSION FUND.
835	835	SECTION 18. Articles 102.015(a), (e), (g), and (h), Code of
836	836	Criminal Procedure, are amended to read as follows:
837	837	(a) The youth [truancy prevention and] diversion fund is a
838	838	dedicated account in the general revenue fund.
839	839	(e) The custodian of a county treasury or municipal
840	840	treasury, as applicable, shall:
841	841	(1) keep records of the amount of funds on deposit
842	842	collected under this article; and
843	843	(2) send to the comptroller before the last day of the
844	844	first month following each calendar quarter the funds collected
845	845	under this article during the preceding quarter, except that the
846	846	custodian may retain 50 percent of funds collected under this
847	847	article to defray the costs of youth diversion under Subchapter E,
848	848	Chapter 45 [for the purpose of operating or establishing a juvenile
849	849	case manager program], if the county or municipality has a youth
850	850	diversion plan under Article 45.306 [established or is attempting
851	851	to establish a juvenile case manager program].
852	852	(g) The comptroller shall deposit the funds received under
853	853	this article to the credit of a dedicated account in the general
854	854	revenue fund to be known as the youth [truancy prevention and]
855	855	diversion fund. The legislature may appropriate money from the
856	856	account only to the criminal justice division of the governor's
857	857	office for distribution to local governmental entities for youth
858	858	diversion [truancy prevention and intervention] services.
859	859	(h) A local governmental entity may request funds from the
860	860	criminal justice division of the governor's office for providing
861	861	youth diversion [truancy prevention and intervention] services.
862	862	The division may award the requested funds based on the
863	863	availability of appropriated funds and subject to the application
864	864	procedure and eligibility requirements specified by division rule.
865	865	SECTION 19. Article 102.0171, Code of Criminal Procedure,
866	866	is amended by amending Subsections (a) and (c) and adding
867	867	Subsection (e) to read as follows:
868	868	(a) A defendant convicted of an offense under Section 28.08,
869	869	Penal Code, in a municipal court, justice court, county court,
870	870	county court at law, or district court shall pay a $50 juvenile
871	871	delinquency prevention and graffiti eradication fee as a cost of
872	872	court.
873	873	(c) The clerks of the respective courts shall collect the
874	874	costs and pay them to the county treasurer, municipal treasurer, or
875	875	to any other official who discharges the duties commonly delegated
876	876	to the county or municipal treasurer for deposit in a fund to be
877	877	known as the county juvenile delinquency prevention fund or
878	878	municipal juvenile delinquency prevention fund. A fund designated
879	879	by this subsection may be used only to:
880	880	(1) repair damage caused by the commission of offenses
881	881	under Section 28.08, Penal Code;
882	882	(2) provide educational and intervention programs and
883	883	materials, including printed educational materials for
884	884	distribution to primary and secondary school students, designed to
885	885	prevent individuals from committing offenses under Section 28.08,
886	886	Penal Code;
887	887	(3) provide to the public rewards for identifying and
888	888	aiding in the apprehension and prosecution of offenders who commit
889	889	offenses under Section 28.08, Penal Code;
890	890	(4) provide funding for teen recognition and teen
891	891	recreation programs;
892	892	(5) provide funding for local teen court programs;
893	893	(6) provide funding for the local juvenile probation
894	894	department; [and]
895	895	(7) provide educational and intervention programs
896	896	designed to prevent juveniles from engaging in delinquent conduct;
897	897	and
898	898	(8) provide funding for youth diversion under
899	899	Subchapter E, Chapter 45.
900	900	(e) The municipal juvenile delinquency prevention fund
901	901	shall be administered by or under the direction of the governing
902	902	body of a municipality.
903	903	SECTION 20. Articles 102.0174(b), (c), and (g), Code of
904	904	Criminal Procedure, are amended to read as follows:
905	905	(b) The governing body of a municipality by ordinance may
906	906	create a juvenile case manager fund and may require a defendant
907	907	convicted of a fine-only misdemeanor offense in a municipal court
908	908	to pay a juvenile case manager fee not to exceed $5 as a cost of
909	909	court if the municipality employs a juvenile case manager or
910	910	contracts for juvenile case manager services. A municipality that
911	911	does not employ a juvenile case manager or contract for juvenile
912	912	case manager services may not collect a fee under this subsection.
913	913	(c) The commissioners court of a county by order may create
914	914	a juvenile case manager fund and may require a defendant convicted
915	915	of a fine-only misdemeanor offense in a justice court, county
916	916	court, or county court at law to pay a juvenile case manager fee not
917	917	to exceed $5 as a cost of court if the court employs a juvenile case
918	918	manager or contracts for juvenile case manager services. A justice
919	919	court, county court, or county court at law that does not employ a
920	920	juvenile case manager or contract for juvenile case manager
921	921	services may not collect a fee under this subsection.
922	922	(g) A fund created under this section may be used to finance
923	923	the salary and [,] benefits of a juvenile case manager employed
924	924	under Article 45.056, costs of contracting for juvenile case
925	925	manager services under Article 45.056, and training, travel
926	926	expenses, office supplies, and other necessary expenses relating to
927	927	the position of a juvenile case manager and juvenile case manager
928	928	services [employed] under Article 45.056. If there is money in the
929	929	fund after those costs are paid, on approval by the employing court,
930	930	a juvenile case manager may direct the remaining money to be used to
931	931	implement programs directly related to the duties of the juvenile
932	932	case manager, including juvenile alcohol and substance abuse
933	933	programs, educational and leadership programs, and any other
934	934	projects designed to prevent or reduce the number of juvenile
935	935	referrals to the court under Subchapter E, Chapter 45. The fund may
936	936	not be used to supplement the income of an employee whose primary
937	937	role is not that of a juvenile case manager.
938	938	SECTION 21. Section 52.03(a), Family Code, is amended to
939	939	read as follows:
940	940	(a) A law-enforcement officer authorized by this title to
941	941	take a child into custody may dispose of the case of a child taken
942	942	into custody [or accused of a Class C misdemeanor, other than a
943	943	traffic offense,] without referral to juvenile court [or charging a
944	944	child in a court of competent criminal jurisdiction,] if:
945	945	(1) guidelines for such disposition have been adopted
946	946	by the juvenile board of the county in which the disposition is made
947	947	as required by Section 52.032;
948	948	(2) the disposition is authorized by the guidelines;
949	949	and
950	950	(3) the officer makes a written report of the officer's
951	951	disposition to the law-enforcement agency, identifying the child
952	952	and specifying the grounds for believing that the taking into
953	953	custody [or accusation of criminal conduct] was authorized.
954	954	SECTION 22. Section 52.031(a), Family Code, is amended to
955	955	read as follows:
956	956	(a) A juvenile board may establish a first offender program
957	957	under this section for the referral and disposition of children
958	958	taken into custody for [, or accused prior to the filing of a
959	959	criminal charge, of]:
960	960	(1) conduct indicating a need for supervision; or
961	961	(2) [a Class C misdemeanor, other than a traffic
962	962	offense; or
963	963	[(3)] delinquent conduct other than conduct that
964	964	constitutes:
965	965	(A) a felony of the first, second, or third
966	966	degree, an aggravated controlled substance felony, or a capital
967	967	felony; or
968	968	(B) a state jail felony or misdemeanor involving
969	969	violence to a person or the use or possession of a firearm,
970	970	location-restricted knife, or club, as those terms are defined by
971	971	Section 46.01, Penal Code, or a prohibited weapon, as described by
972	972	Section 46.05, Penal Code.
973	973	SECTION 23. Sections 52.031(d), (f), (i), and (j), Family
974	974	Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),
975	975	Acts of the 83rd Legislature, Regular Session, 2013, are reenacted
976	976	and amended to read as follows:
977	977	(d) A law enforcement officer taking a child into custody
978	978	[or accusing a child of an offense described in Subsection (a)(2)]
979	979	may refer the child to the law enforcement officer or agency
980	980	designated under Subsection (b) for disposition under the first
981	981	offender program and not refer the child to juvenile court [or a
982	982	court of competent criminal jurisdiction] only if:
983	983	(1) the child has not previously been adjudicated as
984	984	having engaged in delinquent conduct;
985	985	(2) the referral complies with guidelines for
986	986	disposition under Subsection (c); and
987	987	(3) the officer reports in writing the referral to the
988	988	agency, identifying the child and specifying the grounds for taking
989	989	the child into custody [or accusing a child of an offense described
990	990	in Subsection (a)(2)].
991	991	(f) The parent, guardian, or other custodian of the child
992	992	must receive notice that the child has been referred for
993	993	disposition under the first offender program. The notice must:
994	994	(1) state the grounds for taking the child into
995	995	custody [or accusing a child of an offense described in Subsection
996	996	(a)(2)];
997	997	(2) identify the law enforcement officer or agency to
998	998	which the child was referred;
999	999	(3) briefly describe the nature of the program; and
1000	1000	(4) state that the child's failure to complete the
1001	1001	program will result in the child being referred to the juvenile
1002	1002	court [or a court of competent criminal jurisdiction].
1003	1003	(i) The case of a child who successfully completes the first
1004	1004	offender program is closed and may not be referred to juvenile court
1005	1005	[or a court of competent criminal jurisdiction], unless the child
1006	1006	is taken into custody under circumstances described by Subsection
1007	1007	(j)(3).
1008	1008	(j) The case of a child referred for disposition under the
1009	1009	first offender program shall be referred to juvenile court [or a
1010	1010	court of competent criminal jurisdiction] if:
1011	1011	(1) the child fails to complete the program;
1012	1012	(2) the child or the parent, guardian, or other
1013	1013	custodian of the child terminates the child's participation in the
1014	1014	program before the child completes it; or
1015	1015	(3) the child completes the program but is taken into
1016	1016	custody under Section 52.01 before the 90th day after the date the
1017	1017	child completes the program for conduct other than the conduct for
1018	1018	which the child was referred to the first offender program.
1019	1019	SECTION 24. Section 264.302(e), Family Code, is amended to
1020	1020	read as follows:
1021	1021	(e) The department shall provide services for a child and
1022	1022	the child's family if a contract to provide services under this
1023	1023	section is available in the county and the child is referred to the
1024	1024	department as an at-risk child by:
1025	1025	(1) a juvenile court or probation department as part
1026	1026	of a progressive sanctions program under Chapter 59;
1027	1027	(2) a law enforcement officer or agency under Article
1028	1028	45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of
1029	1029	this code; or
1030	1030	(3) a justice or municipal court under Article 45.057,
1031	1031	45.313, or 45.314, Code of Criminal Procedure.
1032	1032	SECTION 25. Subchapter F, Chapter 102, Government Code, is
1033	1033	amended by adding Section 102.1011 to read as follows:
1034	1034	Sec. 102.1011. JUVENILE DELINQUENCY PREVENTION AND
1035	1035	GRAFFITI ERADICATION FEE ON CONVICTION IN JUSTICE COURT: CODE OF
1036	1036	CRIMINAL PROCEDURE. The clerk of a justice court shall collect from
1037	1037	a defendant a juvenile delinquency prevention and graffiti
1038	1038	eradication fee of $50 under Article 102.0171, Code of Criminal
1039	1039	Procedure, on conviction of an offense under Section 28.08, Penal
1040	1040	Code.
1041	1041	SECTION 26. Subchapter G, Chapter 102, Government Code, is
1042	1042	amended by adding Section 102.1211 to read as follows:
1043	1043	Sec. 102.1211. JUVENILE DELINQUENCY PREVENTION AND
1044	1044	GRAFFITI ERADICATION FEE ON CONVICTION IN MUNICIPAL COURT: CODE OF
1045	1045	CRIMINAL PROCEDURE. The clerk of a municipal court shall collect
1046	1046	from a defendant a juvenile delinquency prevention and graffiti
1047	1047	eradication fee of $50 under Article 102.0171, Code of Criminal
1048	1048	Procedure, on conviction of an offense under Section 28.08, Penal
1049	1049	Code.
1050	1050	SECTION 27. Section 103.021, Government Code, is amended to
1051	1051	read as follows:
1052	1052	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
1053	1053	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
1054	1054	or a party to a civil suit, as applicable, shall pay the following
1055	1055	fees and costs under the Code of Criminal Procedure if ordered by
1056	1056	the court or otherwise required:
1057	1057	(1) a personal bond fee (Art. 17.42, Code of Criminal
1058	1058	Procedure) . . . the greater of $20 or three percent of the amount
1059	1059	of the bail fixed for the accused;
1060	1060	(2) cost of electronic monitoring as a condition of
1061	1061	release on personal bond (Art. 17.43, Code of Criminal Procedure)
1062	1062	. . . actual cost;
1063	1063	(3) a fee for verification of and monitoring of motor
1064	1064	vehicle ignition interlock (Art. 17.441, Code of Criminal
1065	1065	Procedure) . . . not to exceed $10;
1066	1066	(3-a) costs associated with operating a global
1067	1067	positioning monitoring system as a condition of release on bond
1068	1068	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
1069	1069	subject to a determination of indigency;
1070	1070	(3-b) costs associated with providing a defendant's
1071	1071	victim with an electronic receptor device as a condition of the
1072	1072	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
1073	1073	Procedure) . . . actual costs, subject to a determination of
1074	1074	indigency;
1075	1075	(4) repayment of reward paid by a crime stoppers
1076	1076	organization on conviction of a felony (Art. 37.073, Code of
1077	1077	Criminal Procedure) . . . amount ordered;
1078	1078	(5) reimbursement to general revenue fund for payments
1079	1079	made to victim of an offense as condition of community supervision
1080	1080	(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
1081	1081	. . . not to exceed $50 for a misdemeanor offense or $100 for a
1082	1082	felony offense;
1083	1083	(6) payment to a crime stoppers organization as
1084	1084	condition of community supervision (Art. 42A.301(b)(20)
1085	1085	[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
1086	1086	(7) children's advocacy center fee (Art. 42A.455, Code
1087	1087	of Criminal Procedure) . . . not to exceed $50;
1088	1088	(8) family violence center fee (Art. 42A.504(b), Code
1089	1089	of Criminal Procedure) . . . $100;
1090	1090	(9) community supervision fee (Art. 42A.652(a), Code
1091	1091	of Criminal Procedure) . . . not less than $25 or more than $60 per
1092	1092	month;
1093	1093	(10) additional community supervision fee for certain
1094	1094	offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
1095	1095	month;
1096	1096	(11) for certain financially able sex offenders as a
1097	1097	condition of community supervision, the costs of treatment,
1098	1098	specialized supervision, or rehabilitation (Art. 42A.452, Code of
1099	1099	Criminal Procedure) . . . all or part of the reasonable and
1100	1100	necessary costs of the treatment, supervision, or rehabilitation as
1101	1101	determined by the judge;
1102	1102	(12) fee for failure to appear for trial in a justice
1103	1103	or municipal court if a jury trial is not waived (Art. 45.026, Code
1104	1104	of Criminal Procedure) . . . costs incurred for impaneling the
1105	1105	jury;
1106	1106	(13) costs of certain testing, assessments, or
1107	1107	programs during a deferral period (Art. 45.051, Code of Criminal
1108	1108	Procedure) . . . amount ordered;
1109	1109	(14) special expense on dismissal of certain
1110	1110	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
1111	1111	. . . not to exceed amount of fine assessed;
1112	1112	(15) an additional fee:
1113	1113	(A) for a copy of the defendant's driving record
1114	1114	to be requested from the Department of Public Safety by the judge
1115	1115	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
1116	1116	to the sum of the fee established by Section 521.048,
1117	1117	Transportation Code, and the state electronic Internet portal fee;
1118	1118	(B) as an administrative fee for requesting a
1119	1119	driving safety course or a course under the motorcycle operator
1120	1120	training and safety program for certain traffic offenses to cover
1121	1121	the cost of administering the article (Art. 45.0511(f)(1), Code of
1122	1122	Criminal Procedure) . . . not to exceed $10; or
1123	1123	(C) for requesting a driving safety course or a
1124	1124	course under the motorcycle operator training and safety program
1125	1125	before the final disposition of the case (Art. 45.0511(f)(2), Code
1126	1126	of Criminal Procedure) . . . not to exceed the maximum amount of the
1127	1127	fine for the offense committed by the defendant;
1128	1128	(16) a request fee for teen court program (Art.
1129	1129	45.052, Code of Criminal Procedure) . . . $20, if the court
1130	1130	ordering the fee is located in the Texas-Louisiana border region,
1131	1131	but otherwise not to exceed $10;
1132	1132	(17) a fee to cover costs of required duties of teen
1133	1133	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
1134	1134	court ordering the fee is located in the Texas-Louisiana border
1135	1135	region, but otherwise $10;
1136	1136	(18) a mileage fee for officer performing certain
1137	1137	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
1138	1138	mile;
1139	1139	(19) certified mailing of notice of hearing date (Art.
1140	1140	102.006, Code of Criminal Procedure) . . . $1, plus postage;
1141	1141	(20) certified mailing of certified copies of an order
1142	1142	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
1143	1143	plus postage;
1144	1144	(20-a) a fee to defray the cost of notifying state
1145	1145	agencies of orders of expungement (Art. 45.0216, Code of Criminal
1146	1146	Procedure) . . . $30 per application;
1147	1147	(21) sight orders:
1148	1148	(A) if the face amount of the check or sight order
1149	1149	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
1150	1150	. . . not to exceed $10;
1151	1151	(B) if the face amount of the check or sight order
1152	1152	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
1153	1153	Criminal Procedure) . . . not to exceed $15;
1154	1154	(C) if the face amount of the check or sight order
1155	1155	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
1156	1156	Criminal Procedure) . . . not to exceed $30;
1157	1157	(D) if the face amount of the check or sight order
1158	1158	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
1159	1159	Criminal Procedure) . . . not to exceed $50; and
1160	1160	(E) if the face amount of the check or sight order
1161	1161	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
1162	1162	. . . not to exceed $75;
1163	1163	(22) fees for a pretrial intervention program:
1164	1164	(A) a supervision fee (Art. 102.012(a), Code of
1165	1165	Criminal Procedure) . . . $60 a month plus expenses; and
1166	1166	(B) a district attorney, criminal district
1167	1167	attorney, or county attorney administrative fee (Art. 102.0121,
1168	1168	Code of Criminal Procedure) . . . not to exceed $500;
1169	1169	(23) parking fee violations for child safety fund in
1170	1170	municipalities with populations:
1171	1171	(A) greater than 850,000 (Art. 102.014, Code of
1172	1172	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
1173	1173	(B) less than 850,000 (Art. 102.014, Code of
1174	1174	Criminal Procedure) . . . not to exceed $5;
1175	1175	(24) an administrative fee for collection of fines,
1176	1176	fees, restitution, or other costs (Art. 102.072, Code of Criminal
1177	1177	Procedure) . . . not to exceed $2 for each transaction;
1178	1178	(25) a collection fee, if authorized by the
1179	1179	commissioners court of a county or the governing body of a
1180	1180	municipality, for certain debts and accounts receivable, including
1181	1181	unpaid fines, fees, court costs, forfeited bonds, and restitution
1182	1182	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
1183	1183	percent of an amount more than 60 days past due; and
1184	1184	(26) a cost on conviction for the youth [truancy
1185	1185	prevention and] diversion fund (Art. 102.015, Code of Criminal
1186	1186	Procedure) . . . $2.
1187	1187	SECTION 28. Subchapter B, Chapter 103, Government Code, is
1188	1188	amended by adding Section 103.02102 to read as follows:
1189	1189	Sec. 103.02102. ADDITIONAL FEE FOR YOUTH DIVERSION: CODE OF
1190	1190	CRIMINAL PROCEDURE. A parent of a child participating in a
1191	1191	diversion program shall, if ordered by the court under Article
1192	1192	45.316, Code of Criminal Procedure, pay a fee of $30 to defray the
1193	1193	costs of youth diversion programs under Subchapter E, Chapter 45,
1194	1194	Code of Criminal Procedure.
1195	1195	SECTION 29. The following laws are repealed:
1196	1196	(1) Article 42.15(a-1), Code of Criminal Procedure, as
1197	1197	added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
1198	1198	Regular Session, 2017;
1199	1199	(2) Article 45.041(a-1), Code of Criminal Procedure,
1200	1200	as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
1201	1201	Regular Session, 2017;
1202	1202	(3) Article 45.0492, Code of Criminal Procedure, as
1203	1203	added by Chapter 277 (H.B. 350), Acts of the 82nd Legislature,
1204	1204	Regular Session, 2011;
1205	1205	(4) Article 45.0492, Code of Criminal Procedure, as
1206	1206	added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
1207	1207	Regular Session, 2011;
1208	1208	(5) Article 42.15(f), Code of Criminal Procedure; and
1209	1209	(6) Section 52.031(a-1), Family Code.
1210	1210	SECTION 30. Not later than September 1, 2020, each justice
1211	1211	and municipal court shall implement a youth diversion plan under
1212	1212	Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
1213	1213	this Act.
1214	1214	SECTION 31. The changes in law made by this Act apply only
1215	1215	to an offense committed on or after September 1, 2020. An offense
1216	1216	committed before September 1, 2020, is governed by the law in effect
1217	1217	on the date the offense was committed, and the former law is
1218	1218	continued in effect for that purpose. For purposes of this section,
1219	1219	an offense was committed before September 1, 2020, if any element of
1220	1220	the offense occurred before that date.
1221	1221	SECTION 32. This Act takes effect September 1, 2019.