Texas 2021 - 87th Regular

Texas House Bill HB3660 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: White, Collier (Senate Sponsor - Perry, Miles) H.B. No. 3660
2		-	(In the Senate - Received from the House May 12, 2021;
3		-	May 13, 2021, read first time and referred to Committee on Criminal
4		-	Justice; May 22, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 5, Nays 2;
6		-	May 22, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3660 By: Whitmire
	1	+	87R13992 ADM-F
	2	+	By: White H.B. No. 3660
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to youth diversion programs for children accused of
14	8		certain fine-only offenses and related criminal justice matters;
15	9		authorizing and imposing fees and fines.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Chapter 45, Code of Criminal Procedure, is
18	12		amended by adding Subchapter E to read as follows:
19	13		SUBCHAPTER E. YOUTH DIVERSION
20	14		Art. 45.301. DEFINITIONS. In this subchapter:
21	15		(1) "Charge" means a formal or informal allegation of
22	16		an offense, including a citation, written promise to appear,
23	17		complaint, or pending complaint.
24	18		(2) "Child" has the meaning assigned by Article
25	19		45.058(h).
26	20		(3) "Diversion" means an intervention strategy that
27	21		redirects a child from formal criminal prosecution and holds the
28	22		child accountable for the child's actions. The term includes
29	23		diversion under Article 45.310, 45.311, 45.313, or 45.314.
30		-	(4) "Offense" means a misdemeanor ~~punishable by fine~~
31		-	~~only, other than a~~ traffic offense.
	24	+	(4) "Offense" means a Class C misdemeanor other than a
	25	+	traffic offense.
32	26		(5) "Parent" has the meaning assigned by Article
33	27		45.057(a).
34	28		(6) "Service provider" means a governmental agency,
35	29		political subdivision, open-enrollment charter school, nonprofit
36	30		organization, or other entity that provides services to children or
37	31		families.
38	32		(7) "Youth diversion plan" means a plan adopted under
39	33		Article 45.306.
40	34		Art. 45.302. APPLICABILITY. This subchapter applies only
41	35		to a child who is alleged to have engaged in conduct that
42		-	constitutes a misdemeanor punishable by fine only, other than a
43		-	traffic offense.
	36	+	constitutes a Class C misdemeanor other than a traffic offense.
44	37		Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED.
45	38		Nothing in this subchapter precludes:
46	39		(1) a case involving a child from being referred,
47	40		adjudicated, or disposed of as conduct indicating a need for
48	41		supervision under Title 3, Family Code; or
49	42		(2) a waiver of criminal jurisdiction and transfer of
50	43		a child's case as provided by Section 51.08, Family Code.
51	44		Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as
52		-	otherwise provided by this subchapter, a child shall be diverted
53		-	from formal criminal prosecution as provided by this subchapter.
54		-	(b) A child is not eligible for diversion if the child has
55		-	previously had two unsuccessful diversions under this subchapter
56		-	for offenses that were not part of a single criminal episode, as
57		-	defined by Section 3.01, Penal Code.
	45	+	provided by Subsection (b), a child shall be diverted from formal
	46	+	criminal prosecution as provided by this subchapter.
	47	+	(b) A child who is 15 years of age or older at the time the
	48	+	child is alleged to have engaged in conduct that constitutes an
	49	+	offense is not eligible for diversion if the child has previously
	50	+	had two unsuccessful diversions under this subchapter for unrelated
	51	+	offenses.
58	52		Art. 45.305. DIVERSION STRATEGIES. (a) Diversion
59	53		strategies include:
60	54		(1) requiring a child to participate in a program,
61	55		including:
62	56		(A) a court-approved teen court program operated
63	57		by a service provider;
64	58		(B) a school-related program;
65	59		(C) an educational program, including an alcohol
66	60		awareness program, a tobacco awareness program, or a drug education
67	61		program;
68	62		(D) a rehabilitation program; or
69	63		(E) a self-improvement program, including a
70	64		program relating to self-esteem, leadership, self-responsibility,
71	65		empathy, parenting, parental responsibility, manners, violence
72	66		avoidance, anger management, life skills, wellness, or dispute
73	67		resolution;
74	68		(2) referring the child to a service provider for
75	69		services, including:
76	70		(A) at-risk youth services under Subchapter D,
77	71		Chapter 264, Family Code;
78	72		(B) juvenile case manager services under Article
79	73		45.056;
80	74		(C) work and job skills training, including job
81	75		interviewing and work preparation;
82	76		(D) academic monitoring or tutoring, including
83	77		preparation for a high school equivalency examination administered
84	78		under Section 7.111, Education Code;
85	79		(E) community-based services;
86	80		(F) mental health screening and clinical
87	81		assessment;
88	82		(G) counseling, including private or in-school
89	83		counseling; or
90	84		(H) mentoring services;
91	85		(3) requiring a child to:
92	86		(A) participate in mediation or other dispute
93	87		resolution processes;
94	88		(B) submit to alcohol or drug testing; or
95	89		(C) substantially comply with a course of
96	90		treatment prescribed by a physician or other licensed medical or
97	91		mental health professional; and
98	92		(4) requiring a child, by court order, to:
99	93		(A) pay restitution not to exceed $100 for an
100	94		offense against property under Title 7, Penal Code;
101	95		(B) perform not more than 20 hours of community
102	96		service; or
103	97		(C) perform any other reasonable action
104	98		determined by the court.
105	99		(b) A diversion strategy may be imposed under:
106	100		(1) a disposition or diversion by law enforcement
107	101		under Article 45.310 or 45.311;
108	102		(2) an intermediate diversion from court under Article
109	103		45.313;
110	104		(3) a diversion by a justice or judge under Article
111	105		45.314; or
112	106		(4) a system of graduated sanctions for certain school
113	107		offenses under Section 37.144, Education Code.
114		-	(c) A diversion strategy under this subchapter may not
115		-	require a child who is a home-schooled student, as defined by
116		-	Section 29.916, Education Code, to:
117		-	(1) attend an elementary or secondary school; or
118		-	(2) use an educational curriculum other than the
119		-	curriculum selected by the parent.
120	108		Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion
121	109		plan is a written plan that describes the types of strategies that
122	110		will be used to implement youth diversion. A youth diversion plan
123	111		does not limit the types of diversion strategies that may be imposed
124	112		under a diversion agreement under Article 45.312.
125	113		(b) Each justice and municipal court shall adopt a youth
126	114		diversion plan.
127	115		(c) A youth diversion plan may be devised for a county or
128	116		municipality or an individual court within a county or
129	117		municipality.
130	118		(d) In accordance with Chapter 791, Government Code, a local
131	119		government may enter into an agreement with one or more local
132	120		governments to create a regional youth diversion plan and
133	121		collaborate in the implementation of this subchapter.
134	122		(e) A youth diversion plan may include an agreement with a
135	123		service provider to provide services for a diversion strategy.
136	124		(f) A youth diversion plan may contain guidelines for
137	125		disposition or diversion of a child's case by law enforcement under
138	126		Article 45.310 or 45.311. The guidelines are not mandatory.
139	127		(g) The guidelines adopted under Subsection (f) may not
140	128		allow for the disposition or diversion of a child's case under
141	129		Article 45.310 or 45.311 if there is probable cause to believe that
142	130		the child may be the victim of conduct that constitutes an offense
143	131		under Section 20A.02, Penal Code (trafficking of persons).
144	132		(h) A current youth diversion plan must be maintained on
145	133		file for public inspection in each justice and municipal court,
146	134		including courts that collaborate with one or more counties or
147	135		municipalities.
148	136		(i) A court or local government may adopt rules necessary to
149	137		coordinate services under a youth diversion plan or to implement
150	138		this subchapter.
151	139		Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may
152	140		designate a youth diversion coordinator to assist the court in:
153	141		(1) determining whether a youth is eligible for
154	142		diversion;
155	143		(2) employing a diversion strategy authorized by this
156	144		subchapter;
157	145		(3) presenting and maintaining diversion agreements;
158	146		(4) monitoring diversions;
159	147		(5) maintaining records regarding whether one or more
160	148		diversions were successful or unsuccessful; and
161	149		(6) coordinating referrals to court.
162	150		(b) The responsibilities of the youth diversion coordinator
163	151		may be performed by:
164	152		(1) a court administrator or court clerk, or a person
165	153		who regularly performs the duties of court administrator or court
166	154		clerk;
167	155		(2) an individual or entity that provides juvenile
168	156		case manager services under Article 45.056;
169	157		(3) a court-related services office;
170	158		(4) a community supervision and corrections
171	159		department;
172	160		(5) a county or municipal employee;
173	161		(6) a community volunteer;
174	162		(7) an institution of higher learning, including a
175	163		private or independent institution; or
176	164		(8) a qualified nonprofit organization.
177	165		Art. 45.308. YOUTH DIVERSION ADVISORY COUNCIL. (a) A
178	166		commissioners court of a county or the governing body of a
179	167		municipality may establish a youth diversion advisory council.
180	168		(b) The purpose of a youth diversion advisory council is to
181	169		facilitate community input, suggest improvements to a youth
182	170		diversion plan, and make recommendations to accomplish the
183	171		following objectives:
184	172		(1) to provide children the option of an alternative,
185	173		non-adversarial procedure to resolve certain charges while
186	174		ensuring that the child's legal rights are protected;
187	175		(2) to authorize diversions from criminal prosecution
188	176		under this subchapter that emphasize accountability and
189	177		responsibility of the parent and the child for the child's conduct;
190	178		(3) to reduce recidivism and the occurrence of problem
191	179		behaviors without criminal prosecution in justice and municipal
192	180		courts;
193	181		(4) to identify at-risk youth and, where appropriate,
194	182		refer at-risk youth to services under Subchapter D, Chapter 264,
195	183		Family Code;
196	184		(5) to remove, where appropriate, the taint of
197	185		criminality and collateral consequences of criminal convictions
198	186		from children charged with certain unlawful acts;
199	187		(6) to encourage problem-solving approaches and the
200	188		use of evidence-based practices in focusing on outcomes that are in
201	189		the best interests of the child and the community; and
202	190		(7) to increase collaboration between governmental,
203	191		educational, and nonprofit organizations in devising local and
204	192		regional diversion strategies.
205	193		(c) The commissioners court of the county or governing body
206	194		of the municipality appoints the members of the youth diversion
207	195		advisory council. The members serve terms specified by the
208	196		commissioners court or governing body without compensation.
209	197		(d) County and municipal youth diversion advisory councils
210	198		may collaborate to identify best practices, share information and
211	199		resources, and coordinate diversion efforts under this subchapter.
212	200		(e) One or more counties or municipalities by agreement may
213	201		create a regional youth diversion advisory council.
214	202		Art. 45.309. WARNING NOTICE BY PEACE OFFICER. (a) In lieu
215	203		of taking a child into custody, issuing a citation, or filing a
216	204		complaint for an offense, a peace officer may issue a warning notice
217	205		to the child if:
218	206		(1) guidelines for issuing a warning notice have been
219	207		issued by the law enforcement agency employing the peace officer;
220	208		(2) the warning notice is authorized by the
221	209		guidelines;
222	210		(3) the warning notice identifies the child and
223	211		describes the child's alleged offense;
224	212		(4) a copy of the warning notice is sent to the child's
225	213		parent as soon as practicable; and
226	214		(5) a copy of the warning notice is filed with a
227	215		service provider, youth diversion coordinator, or other person
228	216		designated in the youth diversion plan.
229	217		(b) A warning notice filed under this article is not a
230	218		diversion but may be used as the basis of further action under the
231	219		terms of a diversion agreement.
232	220		Art. 45.310. PEACE OFFICER DISPOSITION. (a) In lieu of
233	221		issuing a citation to a child or filing a complaint in a justice or
234	222		municipal court, a peace officer may dispose of a case if:
235	223		(1) guidelines for a disposition under this article
236	224		have been adopted and are included in a youth diversion plan;
237	225		(2) the disposition is authorized by the guidelines;
238	226		and
239	227		(3) the peace officer makes a written report of the
240	228		officer's disposition to the law enforcement agency employing the
241	229		officer identifying the child and specifying the grounds for
242	230		believing that the child committed an offense.
243	231		(b) A disposition under this article may not include:
244	232		(1) keeping the child in law enforcement custody; or
245	233		(2) requiring the child to report periodically to a
246	234		peace officer, law enforcement agency, or other service provider.
247	235		(c) A disposition under this article may include:
248	236		(1) referral of the child to a service provider or
249	237		other diversion strategy specified in a youth diversion plan;
250	238		(2) a brief conference with the child and the child's
251	239		parent; or
252	240		(3) referral of the child and the child's parent for
253	241		at-risk youth services under Subchapter D, Chapter 264, Family
254	242		Code.
255	243		Art. 45.311. FIRST OFFENSE DIVERSION PROGRAM. (a) In this
256	244		article, "program" means a first offense diversion program
257	245		established under this article.
258	246		(b) As part of a youth diversion plan, a commissioners court
259	247		of a county or the governing body of a municipality may establish a
260	248		first offense diversion program for the referral and disposition of
261	249		a case before the filing of a charge for a first offense.
262	250		(c) A county or municipality in which a program has been
263	251		established shall designate one or more peace officers, law
264	252		enforcement agencies, or service providers to process children in
265	253		the program.
266	254		(d) In lieu of issuing a citation to a child or filing a
267	255		complaint in a justice or municipal court, a peace officer who has a
268	256		child in custody may refer the child to the peace officer, law
269	257		enforcement agency, or service provider designated under
270	258		Subsection (c) if:
271	259		(1) the child has not previously been referred to a
272	260		program under this article; and
273	261		(2) the officer reports the referral in writing to the
274	262		agency, identifying the child and specifying the grounds for taking
275	263		the child into custody or for accusing the child of the offense.
276	264		(e) A child's parent shall be notified that the child is
277	265		eligible to be referred to a first offense diversion program. The
278	266		notice must:
279	267		(1) state the grounds for believing that the child has
280	268		committed an offense;
281	269		(2) identify the peace officer, law enforcement
282	270		agency, or service provider to which the child may be referred;
283	271		(3) briefly describe the nature of the program; and
284	272		(4) state that the child's failure to complete the
285	273		program will result in the child being referred to court unless
286	274		stated otherwise in a youth diversion plan.
287	275		(f) Before a child is referred to a program, the child and
288	276		the child's parent must consent to the referral.
289	277		(g) A referral to a program under this article may be for a
290	278		period of not more than 180 days.
291	279		(h) Diversion strategies in a program may include:
292	280		(1) voluntary restitution by the child or the child's
293	281		parent to the victim of the child's conduct;
294	282		(2) voluntary community service by the child;
295	283		(3) educational or vocational training, counseling,
296	284		or other rehabilitative services;
297	285		(4) referral of the child to a service provider or
298	286		other diversion strategy specified in a youth diversion plan; and
299	287		(5) periodic reporting by the child to the peace
300	288		officer, law enforcement agency, or service provider to which the
301	289		child is referred.
302	290		(i) The case of a child who successfully completes a program
303	291		is closed and may not be referred to court.
304	292		(j) The case of a child referred to a program shall be
305	293		referred to a prosecutor or to court, or as specified in a youth
306	294		diversion plan, if:
307	295		(1) the child fails to complete the program;
308	296		(2) the child or the child's parent terminates the
309	297		child's participation in the program before the child completes the
310	298		program; or
311	299		(3) the child is alleged to have committed another
312	300		offense during the child's participation in the program.
313	301		(k) A statement made by a child to a person while
314	302		participating in a program may not be used against the child in any
315	303		subsequent court proceeding.
316	304		Art. 45.312. DIVERSION AGREEMENT. (a) A diversion
317	305		agreement must identify the parties to the agreement and the
318	306		responsibilities of the child and the child's parent to ensure
319	307		their meaningful participation in a diversion under Article 45.313
320	308		or 45.314.
321	309		(b) Stated objectives in a diversion agreement must be
322	310		measurable, realistic, and reasonable considering the
323	311		circumstances of the child and the best interests of the child and
324	312		the community.
325	313		(c) A diversion agreement must include:
326	314		(1) the terms of the agreement, including any
327	315		diversion strategy, written in a clear and concise manner and
328	316		identifying any offense or charge being diverted;
329	317		(2) possible consequences of a successful diversion
330	318		and an unsuccessful diversion;
331	319		(3) an explanation that participation in a diversion
332	320		is not an admission of guilt and a guilty plea is not required to
333	321		participate in a diversion;
334	322		(4) an explanation of the process that will be used for
335	323		reviewing and monitoring compliance with the terms of the
336	324		agreement;
337	325		(5) the period of the diversion;
338	326		(6) a verification that:
339	327		(A) the child and the child's parent were
340	328		notified of the child's rights, including the right to refuse
341	329		diversion; and
342	330		(B) the child knowingly and voluntarily consents
343	331		to participate in the diversion; and
344	332		(7) written acknowledgment and acceptance of the
345	333		agreement by the child and the child's parent.
346	334		(d) The terms of an agreement may vary depending on the
347	335		circumstances of the child, including the child's age and ability,
348	336		the charge being diverted, the diversion program, or the diversion
349	337		strategy.
350	338		(e) A charge may not be filed against a child or, if filed,
351	339		shall be dismissed if the child:
352	340		(1) does not contest the charge;
353	341		(2) is eligible for diversion under Article 45.304;
354	342		and
355	343		(3) accepts the terms of the agreement.
356	344		(f) Entering into a diversion agreement under this article
357	345		extends the court's jurisdiction for the term of the agreement.
358	346		(g) On entering into a diversion agreement, a copy of the
359	347		agreement shall be provided to the child and the child's parent, the
360	348		clerk of the court, a youth diversion coordinator, and any person
361	349		specified by the youth diversion plan.
362	350		Art. 45.313. INTERMEDIATE DIVERSION FROM COURT. (a) If
363	351		provided by a youth diversion plan and subject to the direction of
364	352		the court, a youth diversion coordinator, juvenile case manager, or
365	353		other designated officer of the court shall advise the child and the
366	354		child's parent before a case is filed that the case may be diverted
367	355		under this article for a reasonable period not to exceed 180 days
368	356		if:
369	357		(1) the child is eligible for diversion under Article
370	358		45.304;
371	359		(2) diversion is in the best interests of the child and
372	360		the community;
373	361		(3) the child and the child's parent consent to
374	362		diversion with the knowledge that diversion is optional; and
375	363		(4) the child and the child's parent are informed that
376	364		they may terminate the diversion at any time and, if terminated, the
377	365		case will be referred to court.
378	366		(b) The terms of a diversion agreement under this article
379	367		must be in writing and may include any of the diversion strategies
380	368		under Article 45.305.
381	369		(c) The case of a child who successfully complies with the
382	370		terms of a diversion agreement under this article shall be closed
383	371		and reported as successful to the court.
384	372		(d) A child who does not comply with the terms of a diversion
385	373		agreement under this article shall be referred to court under
386	374		Article 45.315.
387	375		(e) A statement made by a child or parent during a
388	376		discussion related to a diversion under this article may not be used
389	377		against a declarant in any subsequent court proceeding.
390	378		Art. 45.314. DIVERSION BY JUSTICE OR JUDGE. (a) If a
391	379		charge involving a child who is eligible for diversion is filed with
392	380		a court, a justice or judge shall divert the case under this
393	381		article.
394	382		(b) If the child does not contest the charge, a justice or
395	383		judge shall divert the case under this article without the child
396	384		having to enter a plea.
397	385		(c) If the child contests the charge, a justice or judge
398	386		shall divert the case under this article at the conclusion of trial
399	387		on a finding of guilt without entering a judgment of conviction as
400	388		provided by Article 45.041.
401	389		(d) A diversion under this article may not exceed 180 days.
402	390		(e) The terms of a diversion agreement under this article
403	391		must be in writing and may include any of the diversion strategies
404	392		described by Article 45.305.
405	393		(f) The case of a child who successfully complies with the
406	394		terms of a diversion agreement under this article shall be closed
407	395		and reported as successful to the court.
408	396		(g) A child who does not comply with the terms of a diversion
409	397		agreement under this article shall be referred to court for a
410	398		hearing under Article 45.315.
411	399		Art. 45.315. REFERRAL TO COURT. (a) A court shall conduct
412	400		a non-adversarial hearing for a child who does not successfully
413	401		complete the terms of a diversion under Article 45.311, 45.313, or
414	402		45.314 and is referred to court.
415	403		(b) The hearing is an opportunity for a justice or judge to
416	404		confer with the child and the child's parent to determine whether a
417	405		diversion should be declared unsuccessful by the court. The court
418	406		may also hear from any person who may be of assistance to the child
419	407		or the court in determining what is in the best interests of the
420	408		child and the community.
421	409		(c) After the hearing, a court may enter an order:
422	410		(1) amending or setting aside terms in a diversion
423	411		agreement;
424	412		(2) extending the diversion for a period not to exceed
425	413		one year;
426	414		(3) issuing a continuance for the hearing for a period
427	415		not to exceed 60 days to allow an opportunity for compliance with
428	416		the terms of a diversion;
429		-	(4) ~~subject to Subsection (d),~~ requiring the child's
430		-	~~parent to do or refrain from~~ doing any act if the court determines
431		-	~~that will increase the~~ likelihood the child will successfully
432		-	~~complete the diversion and~~ comply with any other order of the court
433		-	~~that is reasonable and~~ necessary for the welfare of the child;
	417	+	(4) requiring the child's parent to do or refrain from
	418	+	doing any act if the court determines that will increase the
	419	+	likelihood the child will successfully complete the diversion and
	420	+	comply with any other order of the court that is reasonable and
	421	+	necessary for the welfare of the child;
434	422		(5) finding the diversion successful on the basis of
435	423		substantial compliance; or
436	424		(6) finding the diversion unsuccessful.
437		-	(d) An order under Subsection (c)(4) ~~may not have the~~
438		-	~~substantive effect of interfering with a parent's fundamental right~~
439		-	~~to determine how to raise the parent's child~~, ~~unless the court finds~~
440		-	~~that~~ the ~~interference is necessary to prevent significant~~
441		-	~~impairment of the child's physical, mental, or emotional health~~.
	425	+	(d) If the court enters an order under Subsection (c)(6),
	426	+	the court may transfer the child to juvenile court for alleged
	427	+	conduct indicating a need for supervision under Section 51.08,
	428	+	Family Code, if the child has previously had two unsuccessful
	429	+	diversions.
442	430		(e) An order under Subsection (c)(4) is enforceable by
443	431		contempt.
444		-	(f) If the court enters an order under Subsection (c)(6),
445		-	the court may transfer the child to juvenile court for alleged
446		-	conduct indicating a need for supervision under Section 51.08,
447		-	Family Code.
448	432		Art. 45.316. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
449	433		(a) The clerk of a justice or municipal court may collect from a
450	434		child's parent a $30 administrative fee to defray the costs of the
451	435		diversion of the child's case under this subchapter.
452	436		(b) The fee under this article may not be collected unless
453	437		specified as a term of the diversion agreement accepted by the
454	438		child's parent. If the fee is not paid after giving the child's
455	439		parent an opportunity to be heard, the court shall order the parent,
456	440		if financially able, to pay the fee to the clerk of the court.
457	441		(c) A court shall waive the fee if the child's parent is
458	442		indigent or does not have sufficient resources or income to pay the
459	443		fee.
460	444		(d) A court may adopt rules for the waiver of a fee for
461	445		financial hardship under this article.
462	446		(e) The clerk of the court shall keep a record of the fees
463	447		collected under this article and shall forward the funds to the
464	448		county treasurer, municipal treasurer, or person fulfilling the
465	449		role of a county treasurer or municipal treasurer, as appropriate.
466	450		(f) The fee collected under this article shall be deposited
467	451		in a special account that can be used only to offset the cost of the
468	452		operations of youth diversion programs under this subchapter.
469	453		(g) Except for the fee authorized under Subsection (a), a
470	454		fee may not be assessed for a child diverted under this subchapter.
471	455		(h) The diversion of a child may not be contingent on
472	456		payment of a fee under this article.
473	457		Art. 45.317. DIVERSION RECORDS. (a) A justice or
474	458		municipal court shall maintain statistics for each diversion
475	459		strategy authorized by this subchapter.
476	460		(b) Statistics indicating the number of warning notices
477	461		under Article 45.309 and types of dispositions or diversions made
478	462		by a law enforcement agency under Article 45.310 or 45.311 shall be
479	463		reported at least annually to the justice or municipal court or
480	464		youth diversion coordinator as specified by a youth diversion plan.
481	465		Statistics shall include the age, gender, and ethnicity of the
482	466		child and the offense alleged by law enforcement to have been
483	467		committed by the child.
484	468		(c) Other than statistical records, all records generated
485	469		under this subchapter are confidential under Article 45.0217.
486	470		(d) All records of a diversion pertaining to a child under
487	471		this subchapter may be expunged after the child's 17th birthday and
488	472		shall, without requirement for a motion or request, be expunged
489	473		before the child's 18th birthday.
490	474		SECTION 2. Articles 42.15(a-1) and (d), Code of Criminal
491	475		Procedure, are amended to read as follows:
492	476		(a-1) Notwithstanding any other provision of this article,
493	477		during or immediately after imposing a sentence in a case in which
494	478		the defendant entered a plea in open court as provided by Article
495	479		27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
496	480		defendant has sufficient resources or income to immediately pay all
497	481		or part of the fine and costs. If the court determines that the
498	482		defendant does not have sufficient resources or income to
499	483		immediately pay all or part of the fine and costs, the court shall
500	484		determine whether the fine and costs should be:
501	485		(1) subject to Subsection (c), required to be paid at
502	486		some later date or in a specified portion at designated intervals;
503	487		(2) discharged by performing community service
504	488		under[, as applicable,] Article 43.09(f) or [, Article] 45.049[,
505	489		Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the
506	490		82nd Legislature, Regular Session, 2011, or Article 45.0492, as
507	491		added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
508	492		Regular Session, 2011];
509	493		(3) waived in full or in part under Article 43.091 or
510	494		45.0491; or
511	495		(4) satisfied through any combination of methods under
512	496		Subdivisions (1)-(3).
513	497		(d) A judge may allow a defendant who is a child, as defined
514	498		by Article 45.058(h), to elect at the time of conviction, as defined
515	499		by Section 133.101, Local Government Code, to discharge the fine
516	500		and costs by:
517	501		(1) performing community service or receiving
518	502		tutoring under Article 45.049 [45.0492, as added by Chapter 227
519	503		(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
520	504		or
521	505		(2) paying the fine and costs in a manner described by
522	506		Subsection (b).
523	507		SECTION 3. Article 44.2811, Code of Criminal Procedure, as
524	508		amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
525	509		393), Acts of the 83rd Legislature, Regular Session, 2013, is
526	510		reenacted and amended to read as follows:
527	511		Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING
528	512		DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
529	513		CHILD. All records and files and information stored by electronic
530	514		means or otherwise, from which a record or file could be generated,
531		-	relating to a criminal case for a misdemeanor ~~punishable by fine~~
532		-	~~only, other than~~ a traffic offense, that is committed by a child and
533		-	~~that is appealed~~ are confidential and may not be disclosed to the
534		-	~~public except as~~ provided under Article 45.0217(b). [(a) This
535		-	~~article applies only~~ to a misdemeanor offense punishable by fine
536		-	~~only, other than a~~ traffic offense.
	515	+	relating to a criminal case for a fine-only misdemeanor, other than
	516	+	a traffic offense, that is committed by a child and that is appealed
	517	+	are confidential and may not be disclosed to the public except as
	518	+	provided under Article 45.0217(b). [(a) This article applies only
	519	+	to a misdemeanor offense punishable by fine only, other than a
	520	+	traffic offense.
537	521		[(b) All records and files and information stored by
538	522		electronic means or otherwise, from which a record or file could be
539	523		generated, relating to a child who is convicted of and has satisfied
540	524		the judgment for or who has received a dismissal after deferral of
541	525		disposition for an offense described by Subsection (a) are
542	526		confidential and may not be disclosed to the public except as
543	527		provided under Article 45.0217(b).]
544	528		SECTION 4. Article 45.0215(a), Code of Criminal Procedure,
545	529		is amended to read as follows:
546	530		(a) Subject to the requirements of Subchapter E, this [This]
547	531		article applies to a defendant who has not had the disabilities of
548	532		minority removed and has been:
549	533		(1) charged with an offense other than an offense
550	534		under Section 43.261, Penal Code, if the defendant is younger than
551	535		17 years of age; or
552	536		(2) charged with an offense under Section 43.261,
553	537		Penal Code, if the defendant is younger than 18 years of age.
554	538		SECTION 5. Article 45.0217, Code of Criminal Procedure, as
555	539		amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
556	540		393), Acts of the 83rd Legislature, Regular Session, 2013, is
557	541		reenacted and amended to read as follows:
558	542		Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
559	543		AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
560	544		CHILD. (a) [This article applies only to a misdemeanor offense
561	545		punishable by fine only, other than a traffic offense.
562	546		[(a-1)] Except as provided by Article 15.27 and Subsection
563	547		(b), all records and files, including those held by law
564	548		enforcement, and information stored by electronic means or
565	549		otherwise, from which a record or file could be generated, relating
566	550		to a child who is charged with, is convicted of, is found not guilty
567	551		of, had a charge dismissed for, or is granted deferred disposition
568		-	for a misdemeanor ~~punishable by fine only,~~ ~~other than~~ a ~~traffic [for~~
569		-	~~or who has received a dismissal~~ after deferral of disposition for
570		-	~~an]~~ offense, [described by Subsection (a)] are confidential and may
571		-	~~not~~ be disclosed to the public.
	552	+	for a fine-only misdemeanor [for or who has received a dismissal
	553	+	after deferral of disposition for an] offense other than a traffic
	554	+	offense [described by Subsection (a)] are confidential and may not
	555	+	be disclosed to the public.
572	556		(b) Information subject to Subsection (a) [(a-1)] may be
573	557		open to inspection only by:
574	558		(1) judges, prosecutors, and the staff of the judges
575	559		or prosecutors [or court staff];
576	560		(2) a criminal justice agency for a criminal justice
577	561		purpose, as those terms are defined by Section 411.082, Government
578	562		Code;
579	563		(3) the Department of Public Safety;
580	564		(4) an attorney for a party to the proceeding;
581	565		(5) the child defendant; [or]
582	566		(6) the defendant's parent, guardian, or managing
583	567		conservator;
584	568		(7) a governmental agency if the disclosure is:
585	569		(A) required or authorized by law; or
586	570		(B) for the purpose of maintaining statistical
587	571		records of recidivism and for diagnosis and classification;
588	572		(8) an individual or entity to whom the child is
589	573		referred for treatment or services if the agency or institution
590	574		disclosing the information has entered into a written
591	575		confidentiality agreement with the individual or entity regarding
592	576		the protection of the disclosed information; or
593	577		(9) with leave of the justice or municipal court, any
594	578		other person having a legitimate interest in the proceeding or in
595	579		the work of the court.
596	580		SECTION 6. Articles 45.041(a-1), (b-3), and (b-5), Code of
597	581		Criminal Procedure, are amended to read as follows:
598	582		(a-1) Notwithstanding any other provision of this article,
599	583		during or immediately after imposing a sentence in a case in which
600	584		the defendant entered a plea in open court as provided by Article
601	585		27.14(a) or 27.16(a), the justice or judge shall inquire whether
602	586		the defendant has sufficient resources or income to immediately pay
603	587		all or part of the fine and costs. If the justice or judge
604	588		determines that the defendant does not have sufficient resources or
605	589		income to immediately pay all or part of the fine and costs, the
606	590		justice or judge shall determine whether the fine and costs should
607	591		be:
608	592		(1) subject to Subsection (b-2), required to be paid
609	593		at some later date or in a specified portion at designated
610	594		intervals;
611	595		(2) discharged by performing community service
612	596		under[, as applicable,] Article 45.049[, Article 45.0492, as added
613	597		by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
614	598		Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B.
615	599		1964), Acts of the 82nd Legislature, Regular Session, 2011];
616	600		(3) waived in full or in part under Article 45.0491; or
617	601		(4) satisfied through any combination of methods under
618	602		Subdivisions (1)-(3).
619	603		(b-3) If a diversion is not required under Subchapter E or
620	604		Subsection (b-5), a [A] judge shall [may] allow a defendant who is a
621	605		child, as defined by Article 45.058(h), to elect at the time of
622	606		conviction, as defined by Section 133.101, Local Government Code,
623	607		to discharge the fine and costs by:
624	608		(1) performing community service or receiving
625	609		tutoring under Article 45.049 [45.0492, as added by Chapter 227
626	610		(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
627	611		or
628	612		(2) paying the fine and costs in a manner described by
629	613		Subsection (b).
630	614		(b-5) If a case involving a child who is eligible for
631	615		diversion under Article 45.304 results in a trial, on a finding of
632	616		guilt, without entering a judgment, sentence, or conviction, the
633	617		justice or judge shall order a diversion under Article 45.314 [The
634	618		requirement under Article 45.0492(a), as added by Chapter 227 (H.B.
635	619		350), Acts of the 82nd Legislature, Regular Session, 2011, that an
636	620		offense occur in a building or on the grounds of the primary or
637	621		secondary school at which the defendant was enrolled at the time of
638	622		the offense does not apply to the performance of community service
639	623		or the receipt of tutoring to discharge a fine or costs under
640	624		Subsection (b-3)(1)].
641	625		SECTION 7. Articles 45.049(a), (b), (c), (d), (f), and (i),
642	626		Code of Criminal Procedure, are amended to read as follows:
643	627		(a) A justice or judge may require a defendant who fails to
644	628		pay a previously assessed fine or costs, [or] who is determined by
645	629		the court to have insufficient resources or income to pay a fine or
646	630		costs, or who is a child and assessed a fine or costs to discharge
647	631		all or part of the fine or costs by performing community service. A
648	632		defendant may discharge an obligation to perform community service
649	633		under this article by paying at any time the fine and costs
650	634		assessed.
651	635		(b) In the justice's or judge's order requiring a defendant
652	636		to perform community service under this article, the justice or
653	637		judge must specify:
654	638		(1) the number of hours of community service the
655	639		defendant is required to perform, not to exceed 20 hours if the
656	640		defendant is a child; and
657	641		(2) the date by which the defendant must submit to the
658	642		court documentation verifying the defendant's completion of the
659	643		community service.
660	644		(c) The justice or judge may order the defendant to perform
661	645		community service under this article:
662	646		(1) by attending:
663	647		(A) a work and job skills training program;
664	648		(B) a preparatory class for the high school
665	649		equivalency examination administered under Section 7.111,
666	650		Education Code;
667	651		(C) an alcohol or drug abuse program;
668	652		(D) a rehabilitation program;
669	653		(E) a counseling program, including a
670	654		self-improvement program;
671	655		(F) a mentoring program;
672	656		(G) a tutoring program if the defendant is a
673	657		child; or
674	658		(H) [(G)] any similar activity; or
675	659		(2) for:
676	660		(A) a governmental entity;
677	661		(B) a nonprofit organization or another
678	662		organization that provides services to the general public that
679	663		enhance social welfare and the general well-being of the community,
680	664		as determined by the justice or judge; or
681	665		(C) an educational institution.
682	666		(d) A justice or judge may not order a defendant to perform
683	667		more than 16 hours per week of community service under this article
684	668		unless the justice or judge determines that requiring the defendant
685	669		to perform additional hours does not impose an undue hardship on the
686	670		defendant or the defendant's dependents, or if the defendant is a
687	671		child, on the defendant or the defendant's family. In this
688	672		subsection, "family" has the meaning assigned by Section 71.003,
689	673		Family Code.
690	674		(f) A sheriff, employee of a sheriff's department, county
691	675		commissioner, county employee, county judge, justice of the peace,
692	676		municipal court judge, or officer or employee of a political
693	677		subdivision other than a county or an entity that accepts a
694	678		defendant under this article or Subchapter E to perform community
695	679		service is not liable for damages arising from an act or failure to
696	680		act in connection with community service performed by a defendant
697	681		under this article or Subchapter E if the act or failure to act:
698	682		(1) was performed pursuant to court order; and
699	683		(2) was not intentional, wilfully or wantonly
700	684		negligent, or performed with conscious indifference or reckless
701	685		disregard for the safety of others.
702	686		(i) A community supervision and corrections department, a
703	687		local juvenile probation department, or a court-related services
704	688		office may provide the administrative and other services necessary
705	689		for supervision of a defendant required to perform community
706	690		service under this article.
707	691		SECTION 8. Article 45.051(a-1), Code of Criminal Procedure,
708	692		is amended to read as follows:
709	693		(a-1) Notwithstanding any other provision of law, as an
710	694		alternative to requiring a defendant charged with one or more
711	695		offenses to make payment of all fines and court costs as required by
712	696		Subsection (a), the judge may:
713	697		(1) allow the defendant to enter into an agreement for
714	698		payment of those fines and costs in installments during the
715	699		defendant's period of probation;
716	700		(2) require an eligible defendant to discharge all or
717	701		part of those fines and costs by performing community service or
718	702		attending a tutoring program under Article 45.049 [or under Article
719	703		45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd
720	704		Legislature, Regular Session, 2011];
721	705		(3) waive all or part of those fines and costs under
722	706		Article 45.0491; or
723	707		(4) take any combination of actions authorized by
724	708		Subdivision (1), (2), or (3).
725	709		SECTION 9. Articles 45.056(a), (b), (d), (e), (g), and (h),
726	710		Code of Criminal Procedure, are amended to read as follows:
727	711		(a) On approval of the commissioners court, city council,
728	712		school district board of trustees, juvenile board, or other
729	713		appropriate authority, a county court, justice court, municipal
730	714		court, school district, juvenile probation department, or other
731	715		appropriate governmental entity may:
732	716		(1) employ a juvenile case manager or contract for a
733	717		juvenile case manager to provide services in cases involving:
734	718		(A) youth diversion under Subchapter E;
735	719		(B) children [juvenile offenders] who are before
736	720		a court consistent with the court's statutory powers; or
737	721		(C) children who are referred to a court by a
738	722		school administrator or designee for misconduct that would
739	723		otherwise be within the court's statutory powers prior to a case
740	724		being filed, with the consent of the juvenile and the juvenile's
741	725		parents or guardians;
742	726		(2) employ or contract for the services of one or more
743	727		juvenile case managers who:
744	728		(A) shall assist the court in administering the
745	729		court's juvenile docket and in supervising the court's orders in
746	730		juvenile cases; and
747	731		(B) may provide:
748	732		(i) prevention services to a child
749	733		considered at risk of entering the juvenile justice system; and
750	734		(ii) youth diversion [intervention]
751	735		services to juveniles engaged in misconduct before cases are filed,
752	736		excluding traffic offenses; or
753	737		(3) agree in accordance with Chapter 791, Government
754	738		Code, with any appropriate governmental entity to jointly employ a
755	739		juvenile case manager, jointly contract for juvenile case manager
756	740		services, or [to] jointly contribute to the costs of a juvenile case
757	741		manager or juvenile case manager [employed by one governmental
758	742		entity to provide] services described by Subdivisions (1) and (2).
759	743		(b) A local entity may apply or more than one local entity
760	744		may jointly apply to the criminal justice division of the
761	745		governor's office for reimbursement of all or part of the costs of
762	746		employing one or more juvenile case managers or contracting for
763	747		juvenile case manager services from funds appropriated to the
764	748		governor's office or otherwise available for purposes of youth
765	749		diversion [that purpose]. To be eligible for reimbursement, the
766	750		entity applying must present to the governor's office a
767	751		comprehensive plan to reduce juvenile crimes in the entity's
768	752		jurisdiction and a youth diversion plan under Article 45.306 that
769	753		addresses the role of the juvenile case manager in that effort.
770	754		(d) The court or governing body may pay from the local youth
771	755		diversion fund established under Section 134.156, Local Government
772	756		Code:
773	757		(1) the salary and benefits of a juvenile case
774	758		manager;
775	759		(2) the costs of contracting for juvenile case manager
776	760		services; and
777	761		(3) the costs of training, travel, office supplies,
778	762		and other necessary expenses relating to the position of the
779	763		juvenile case manager and juvenile case manager services [from the
780	764		local truancy prevention and diversion fund established under
781	765		Section 134.156, Local Government Code].
782	766		(e) A juvenile case manager [employed under Subsection (c)]
783	767		shall give priority to cases brought under Section [Sections]
784	768		25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
785	769		youth diversion under Subchapter E.
786	770		(g) A [The employing] court or governmental entity under
787	771		this article shall implement the rules adopted under Subsection
788	772		(f).
789	773		(h) The commissioners court or governing body of the
790	774		municipality that administers a local youth [truancy prevention
791	775		and] diversion fund under Section 134.156, Local Government Code,
792	776		shall require periodic review of juvenile case managers to ensure
793	777		the implementation of the rules adopted under Subsection (f).
794	778		SECTION 10. Article 45.056(c), Code of Criminal Procedure,
795	779		as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
796	780		the 83rd Legislature, Regular Session, 2013, is reenacted and
797	781		amended to read as follows:
798	782		(c) An entity that jointly employs a juvenile case manager,
799	783		jointly contracts for juvenile case manager services, or jointly
800	784		contributes to the costs of a juvenile case manager or juvenile case
801	785		manager services under Subsection (a)(3) employs a juvenile case
802	786		manager for purposes of Chapter 102 of this code and Chapter 102,
803	787		Government Code.
804	788		SECTION 11. The heading to Article 102.014, Code of
805	789		Criminal Procedure, is amended to read as follows:
806	790		Art. 102.014. FINES FOR CHILD SAFETY FUND [IN
807	791		MUNICIPALITIES].
808	792		SECTION 12. Articles 102.014(g) and (h), Code of Criminal
809	793		Procedure, are amended to read as follows:
810	794		(g) In a municipality with a population less than 850,000
811	795		according to the most recent federal decennial census, the money
812	796		collected under this article in a municipal court case must be used
813	797		for a school crossing guard program if the municipality operates
814	798		one. If the municipality does not operate a school crossing guard
815	799		program or if the money received from fines from municipal court
816	800		cases exceeds the amount necessary to fund the school crossing
817	801		guard program, the municipality may:
818	802		(1) deposit the additional money in an
819	803		interest-bearing account;
820	804		(2) expend the additional money for programs designed
821	805		to enhance child safety, health, or nutrition, including child
822	806		abuse prevention and intervention, youth diversion, and drug and
823	807		alcohol abuse prevention; or
824	808		(3) expend the additional money for programs designed
825	809		to enhance public safety and security.
826	810		(h) Money collected under this article in a justice, county,
827	811		or district court shall be used to fund school crossing guard
828	812		programs in the county where they are collected. If the county does
829	813		not operate a school crossing guard program, the county may:
830	814		(1) remit fine revenues to school districts in its
831	815		jurisdiction for the purpose of providing school crossing guard
832	816		services;
833	817		(2) fund programs the county is authorized by law to
834	818		provide which are designed to enhance child safety, health, or
835	819		nutrition, including child abuse prevention and intervention,
836	820		youth diversion, and drug and alcohol abuse prevention;
837	821		(3) provide funding to the sheriff's department for
838	822		school-related activities;
839	823		(4) provide funding to the county juvenile probation
840	824		department; or
841	825		(5) deposit the money in the general fund of the
842	826		county.
843	827		SECTION 13. Article 102.0171, Code of Criminal Procedure,
844	828		is amended by amending Subsections (a) and (c) and adding
845	829		Subsection (e) to read as follows:
846	830		(a) A defendant convicted of an offense under Section 28.08,
847	831		Penal Code, in a municipal court, justice court, county court,
848	832		county court at law, or district court shall pay a fine of $50 for
849	833		juvenile delinquency prevention and graffiti eradication.
850	834		(c) The clerks of the respective courts shall collect the
851	835		fines and pay the fines to the county treasurer, municipal
852	836		treasurer, or to any other official who discharges the duties
853	837		commonly delegated to the county or municipal treasurer for deposit
854	838		in a fund to be known as the county juvenile delinquency prevention
855	839		fund or municipal juvenile delinquency prevention fund. A fund
856	840		designated by this subsection may be used only to:
857	841		(1) repair damage caused by the commission of offenses
858	842		under Section 28.08, Penal Code;
859	843		(2) provide educational and intervention programs and
860	844		materials, including printed educational materials for
861	845		distribution to primary and secondary school students, designed to
862	846		prevent individuals from committing offenses under Section 28.08,
863	847		Penal Code;
864	848		(3) provide to the public rewards for identifying and
865	849		aiding in the apprehension and prosecution of offenders who commit
866	850		offenses under Section 28.08, Penal Code;
867	851		(4) provide funding for teen recognition and teen
868	852		recreation programs;
869	853		(5) provide funding for local teen court programs;
870	854		(6) provide funding for the local juvenile probation
871	855		department; [and]
872	856		(7) provide educational and intervention programs
873	857		designed to prevent juveniles from engaging in delinquent conduct;
874	858		and
875	859		(8) provide funding for youth diversion under
876	860		Subchapter E, Chapter 45.
877	861		(e) The municipal juvenile delinquency prevention fund
878	862		shall be administered by or under the direction of the governing
879	863		body of a municipality.
880	864		SECTION 14. Section 52.03(a), Family Code, is amended to
881	865		read as follows:
882	866		(a) A law-enforcement officer authorized by this title to
883	867		take a child into custody may dispose of the case of a child taken
884	868		into custody [or accused of a Class C misdemeanor, other than a
885	869		traffic offense,] without referral to juvenile court [or charging a
886	870		child in a court of competent criminal jurisdiction,] if:
887	871		(1) guidelines for such disposition have been adopted
888	872		by the juvenile board of the county in which the disposition is made
889	873		as required by Section 52.032;
890	874		(2) the disposition is authorized by the guidelines;
891	875		and
892	876		(3) the officer makes a written report of the officer's
893	877		disposition to the law-enforcement agency, identifying the child
894	878		and specifying the grounds for believing that the taking into
895	879		custody [or accusation of criminal conduct] was authorized.
896	880		SECTION 15. Section 52.031(a), Family Code, is amended to
897	881		read as follows:
898	882		(a) A juvenile board may establish a first offender program
899	883		under this section for the referral and disposition of children
900	884		taken into custody for [, or accused prior to the filing of a
901	885		criminal charge, of]:
902	886		(1) conduct indicating a need for supervision; or
903	887		(2) [a Class C misdemeanor, other than a traffic
904	888		offense; or
905	889		[(3)] delinquent conduct other than conduct that
906	890		constitutes:
907	891		(A) a felony of the first, second, or third
908	892		degree, an aggravated controlled substance felony, or a capital
909	893		felony; or
910	894		(B) a state jail felony or misdemeanor involving
911	895		violence to a person or the use or possession of a firearm,
912	896		location-restricted knife, or club, as those terms are defined by
913	897		Section 46.01, Penal Code, or a prohibited weapon, as described by
914	898		Section 46.05, Penal Code.
915	899		SECTION 16. Sections 52.031(d), (f), (i), and (j), Family
916	900		Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),
917	901		Acts of the 83rd Legislature, Regular Session, 2013, are reenacted
918	902		and amended to read as follows:
919	903		(d) A law enforcement officer taking a child into custody
920	904		[or accusing a child of an offense described in Subsection (a)(2)]
921	905		may refer the child to the law enforcement officer or agency
922	906		designated under Subsection (b) for disposition under the first
923	907		offender program and not refer the child to juvenile court [or a
924	908		court of competent criminal jurisdiction] only if:
925	909		(1) the child has not previously been adjudicated as
926	910		having engaged in delinquent conduct;
927	911		(2) the referral complies with guidelines for
928	912		disposition under Subsection (c); and
929	913		(3) the officer reports in writing the referral to the
930	914		agency, identifying the child and specifying the grounds for taking
931	915		the child into custody [or accusing a child of an offense described
932	916		in Subsection (a)(2)].
933	917		(f) The parent, guardian, or other custodian of the child
934	918		must receive notice that the child has been referred for
935	919		disposition under the first offender program. The notice must:
936	920		(1) state the grounds for taking the child into
937	921		custody [or accusing a child of an offense described in Subsection
938	922		(a)(2)];
939	923		(2) identify the law enforcement officer or agency to
940	924		which the child was referred;
941	925		(3) briefly describe the nature of the program; and
942	926		(4) state that the child's failure to complete the
943	927		program will result in the child being referred to the juvenile
944	928		court [or a court of competent criminal jurisdiction].
945	929		(i) The case of a child who successfully completes the first
946	930		offender program is closed and may not be referred to juvenile court
947	931		[or a court of competent criminal jurisdiction], unless the child
948	932		is taken into custody under circumstances described by Subsection
949	933		(j)(3).
950	934		(j) The case of a child referred for disposition under the
951	935		first offender program shall be referred to juvenile court [or a
952	936		court of competent criminal jurisdiction] if:
953	937		(1) the child fails to complete the program;
954	938		(2) the child or the parent, guardian, or other
955	939		custodian of the child terminates the child's participation in the
956	940		program before the child completes it; or
957	941		(3) the child completes the program but is taken into
958	942		custody under Section 52.01 before the 90th day after the date the
959	943		child completes the program for conduct other than the conduct for
960	944		which the child was referred to the first offender program.
961	945		SECTION 17. Section 264.302(e), Family Code, is amended to
962	946		read as follows:
963	947		(e) The department shall provide services for a child and
964	948		the child's family if a contract to provide services under this
965	949		section is available in the county and the child is referred to the
966	950		department as an at-risk child by:
967	951		(1) a juvenile court or probation department as part
968	952		of a progressive sanctions program under Chapter 59;
969	953		(2) a law enforcement officer or agency under Article
970	954		45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of
971	955		this code; or
972	956		(3) a justice or municipal court under Article 45.057,
973	957		45.313, or 45.314, Code of Criminal Procedure.
974	958		SECTION 18. Section 133.102(e), Local Government Code, is
975	959		amended to read as follows:
976	960		(e) The comptroller shall allocate the court costs received
977	961		under this section to the following accounts and funds so that each
978	962		receives to the extent practicable, utilizing historical data as
979	963		applicable, the same amount of money the account or fund would have
980	964		received if the court costs for the accounts and funds had been
981	965		collected and reported separately, except that the account or fund
982	966		may not receive less than the following percentages:
983	967		(1) crime stoppers assistance account
984	968		0.2427 percent;
985	969		(2) breath alcohol testing account
986	970		0.3900 percent;
987	971		(3) Bill Blackwood Law Enforcement Management
988	972		Institute account
989	973		1.4741 percent;
990	974		(4) Texas Commission on Law Enforcement account
991	975		3.4418 percent;
992	976		(5) law enforcement and custodial officer supplement
993	977		retirement trust fund
994	978		7.2674 percent;
995	979		(6) criminal justice planning account
996	980		8.5748 percent;
997	981		(7) an account in the state treasury to be used only
998	982		for the establishment and operation of the Center for the Study and
999	983		Prevention of Juvenile Crime and Delinquency at Prairie View A&M
1000	984		University
1001	985		0.8540 percent;
1002	986		(8) compensation to victims of crime account
1003	987		24.6704 percent;
1004	988		(9) emergency radio infrastructure account
1005	989		3.6913 percent;
1006	990		(10) judicial and court personnel training account
1007	991		3.3224 percent;
1008	992		(11) an account in the state treasury to be used for
1009	993		the establishment and operation of the Correctional Management
1010	994		Institute of Texas and Criminal Justice Center account [Account]
1011	995		0.8522 percent;
1012	996		(12) fair defense account
1013	997		17.8857 percent;
1014	998		(13) judicial fund
1015	999		12.2667 percent;
1016	1000		(14) DNA testing account
1017	1001		0.1394 percent;
1018	1002		(15) specialty court account
1019	1003		1.0377 percent;
1020	1004		(16) statewide electronic filing system account
1021	1005		0.5485 percent;
1022	1006		(17) jury service fund
1023	1007		6.4090 percent;
1024	1008		(18) youth [truancy prevention and] diversion account
1025	1009		2.5956 percent; and
1026	1010		(19) transportation administrative fee account
1027	1011		4.3363 percent.
1028	1012		SECTION 19. Section 133.125, Local Government Code, is
1029	1013		amended to read as follows:
1030	1014		Sec. 133.125. ALLOCATION OF FEES TO YOUTH [TRUANCY
1031	1015		PREVENTION AND] DIVERSION ACCOUNT. (a) The youth [truancy
1032	1016		prevention and] diversion account is a dedicated account in the
1033	1017		general revenue fund. The account consists of money allocated to
1034	1018		the account under Section 133.102(e).
1035	1019		(b) The legislature may appropriate money from the youth
1036	1020		[truancy prevention and] diversion account only to the criminal
1037	1021		justice division of the governor's office for distribution to local
1038	1022		governmental entities for youth diversion [truancy prevention and
1039	1023		intervention] services.
1040	1024		(c) A local governmental entity may request funds from the
1041	1025		criminal justice division of the governor's office for providing
1042	1026		youth diversion [truancy prevention and intervention] services.
1043	1027		The division may award the requested funds based on the
1044	1028		availability of appropriated funds and subject to the application
1045	1029		procedure and eligibility requirements specified by division rule.
1046	1030		SECTION 20. Section 134.103(b), Local Government Code, is
1047	1031		amended to read as follows:
1048	1032		(b) The treasurer shall allocate the court costs received
1049	1033		under this section to the following accounts and funds so that each
1050	1034		receives to the extent practicable, utilizing historical data as
1051	1035		applicable, the same amount of money the account or fund would have
1052	1036		received if the court costs for the accounts and funds had been
1053	1037		collected and reported separately, except that the account or fund
1054	1038		may not receive less than the following percentages:
1055	1039		(1) the courthouse security fund or municipal court
1056	1040		building security fund, as appropriate
1057	1041		35 percent;
1058	1042		(2) the local youth [truancy prevention and] diversion
1059	1043		fund
1060	1044		35.7143 percent;
1061	1045		(3) the justice court technology fund or municipal
1062	1046		court technology fund, as appropriate
1063	1047		28.5714 percent; and
1064	1048		(4) the county or municipal jury fund, as appropriate
1065	1049		0.7143 percent.
1066	1050		SECTION 21. The heading to Section 134.156, Local
1067	1051		Government Code, is amended to read as follows:
1068	1052		Sec. 134.156. LOCAL YOUTH [TRUANCY PREVENTION AND]
1069	1053		DIVERSION FUND.
1070	1054		SECTION 22. Section 134.156(a), Local Government Code, is
1071	1055		amended to read as follows:
1072	1056		(a) Money allocated under Section 134.103 to the local youth
1073	1057		[truancy prevention and] diversion fund maintained in the county or
1074	1058		municipal treasury as required by Section 134.151 may be used by a
1075	1059		county or municipality to finance the salary, benefits, training,
1076	1060		travel expenses, office supplies, and other necessary expenses
1077	1061		relating to the position of a juvenile case manager employed or
1078	1062		contracted under Article 45.056, Code of Criminal Procedure. If
1079	1063		there is money in the fund after those costs are paid, subject to
1080	1064		the direction of the governing body of the county or municipality
1081	1065		and on approval by the employing court, a juvenile case manager may
1082	1066		direct the remaining money to be used to implement programs
1083	1067		directly related to the duties of the juvenile case manager,
1084	1068		including juvenile alcohol and substance abuse programs,
1085	1069		educational and leadership programs, and any other projects
1086	1070		designed to prevent or reduce the number of juvenile referrals to
1087	1071		the court.
1088	1072		SECTION 23. The following laws are repealed:
1089	1073		(1) Article 45.0492, Code of Criminal Procedure, as
1090	1074		added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
1091	1075		Regular Session, 2011;
1092	1076		(2) Article 45.0492, Code of Criminal Procedure, as
1093	1077		added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
1094	1078		Regular Session, 2011;
1095	1079		(3) Article 42.15(f), Code of Criminal Procedure; and
1096	1080		(4) Section 52.031(a-1), Family Code.
1097	1081		SECTION 24. Not later than September 1, 2022, each justice
1098	1082		and municipal court shall implement a youth diversion plan under
1099	1083		Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
1100	1084		this Act.
1101	1085		SECTION 25. The changes in law made by this Act apply only
1102	1086		to an offense committed on or after September 1, 2022. An offense
1103	1087		committed before September 1, 2022, is governed by the law in effect
1104	1088		on the date the offense was committed, and the former law is
1105	1089		continued in effect for that purpose. For purposes of this section,
1106	1090		an offense was committed before September 1, 2022, if any element of
1107	1091		the offense occurred before that date.
1108	1092		SECTION 26. This Act takes effect September 1, 2021.
1109		-	* * * * *