Texas 2021 - 87th Regular

Texas Senate Bill SB512 Compare Versions

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1	1	87R3298 ADM-F
2	2	By: Perry S.B. No. 512
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 and fines.
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 disposition or diversion by law enforcement
102	102	under Article 45.310 or 45.311;
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 interests 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 interests 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 interests 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. Articles 42.15(a-1) and (d), Code of Criminal
476	476	Procedure, are amended to read as follows:
477	477	(a-1) Notwithstanding any other provision of this article,
478	478	during or immediately after imposing a sentence in a case in which
479	479	the defendant entered a plea in open court as provided by Article
480	480	27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
481	481	defendant has sufficient resources or income to immediately pay all
482	482	or part of the fine and costs. If the court determines that the
483	483	defendant does not have sufficient resources or income to
484	484	immediately pay all or part of the fine and costs, the court shall
485	485	determine whether the fine and costs should be:
486	486	(1) subject to Subsection (c), required to be paid at
487	487	some later date or in a specified portion at designated intervals;
488	488	(2) discharged by performing community service
489	489	under[, as applicable,] Article 43.09(f) or [, Article] 45.049[,
490	490	Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the
491	491	82nd Legislature, Regular Session, 2011, or Article 45.0492, as
492	492	added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
493	493	Regular Session, 2011];
494	494	(3) waived in full or in part under Article 43.091 or
495	495	45.0491; or
496	496	(4) satisfied through any combination of methods under
497	497	Subdivisions (1)-(3).
498	498	(d) A judge may allow a defendant who is a child, as defined
499	499	by Article 45.058(h), to elect at the time of conviction, as defined
500	500	by Section 133.101, Local Government Code, to discharge the fine
501	501	and costs by:
502	502	(1) performing community service or receiving
503	503	tutoring under Article 45.049 [45.0492, as added by Chapter 227
504	504	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
505	505	or
506	506	(2) paying the fine and costs in a manner described by
507	507	Subsection (b).
508	508	SECTION 3. Article 44.2811, Code of Criminal Procedure, as
509	509	amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
510	510	393), Acts of the 83rd Legislature, Regular Session, 2013, is
511	511	reenacted and amended to read as follows:
512	512	Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING
513	513	DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
514	514	CHILD. All records and files and information stored by electronic
515	515	means or otherwise, from which a record or file could be generated,
516	516	relating to a criminal case for a fine-only misdemeanor, other than
517	517	a traffic offense, that is committed by a child and that is appealed
518	518	are confidential and may not be disclosed to the public except as
519	519	provided under Article 45.0217(b). [(a) This article applies only
520	520	to a misdemeanor offense punishable by fine only, other than a
521	521	traffic offense.
522	522	[(b) All records and files and information stored by
523	523	electronic means or otherwise, from which a record or file could be
524	524	generated, relating to a child who is convicted of and has satisfied
525	525	the judgment for or who has received a dismissal after deferral of
526	526	disposition for an offense described by Subsection (a) are
527	527	confidential and may not be disclosed to the public except as
528	528	provided under Article 45.0217(b).]
529	529	SECTION 4. Article 45.0215(a), Code of Criminal Procedure,
530	530	is amended to read as follows:
531	531	(a) Subject to the requirements of Subchapter E, this [This]
532	532	article applies to a defendant who has not had the disabilities of
533	533	minority removed and has been:
534	534	(1) charged with an offense other than an offense
535	535	under Section 43.261, Penal Code, if the defendant is younger than
536	536	17 years of age; or
537	537	(2) charged with an offense under Section 43.261,
538	538	Penal Code, if the defendant is younger than 18 years of age.
539	539	SECTION 5. Article 45.0217, Code of Criminal Procedure, as
540	540	amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
541	541	393), Acts of the 83rd Legislature, Regular Session, 2013, is
542	542	reenacted and amended to read as follows:
543	543	Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
544	544	AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
545	545	CHILD. (a) [This article applies only to a misdemeanor offense
546	546	punishable by fine only, other than a traffic offense.
547	547	[(a-1)] Except as provided by Article 15.27 and Subsection
548	548	(b), all records and files, including those held by law
549	549	enforcement, and information stored by electronic means or
550	550	otherwise, from which a record or file could be generated, relating
551	551	to a child who is charged with, is convicted of, is found not guilty
552	552	of, had a charge dismissed for, or is granted deferred disposition
553	553	for a fine-only misdemeanor [for or who has received a dismissal
554	554	after deferral of disposition for an] offense other than a traffic
555	555	offense [described by Subsection (a)] are confidential and may not
556	556	be disclosed to the public.
557	557	(b) Information subject to Subsection (a) [(a-1)] may be
558	558	open to inspection only by:
559	559	(1) judges, prosecutors, and the staff of the judges
560	560	or prosecutors [or court staff];
561	561	(2) a criminal justice agency for a criminal justice
562	562	purpose, as those terms are defined by Section 411.082, Government
563	563	Code;
564	564	(3) the Department of Public Safety;
565	565	(4) an attorney for a party to the proceeding;
566	566	(5) the child defendant; [or]
567	567	(6) the defendant's parent, guardian, or managing
568	568	conservator;
569	569	(7) a governmental agency if the disclosure is:
570	570	(A) required or authorized by law; or
571	571	(B) for the purpose of maintaining statistical
572	572	records of recidivism and for diagnosis and classification;
573	573	(8) an individual or entity to whom the child is
574	574	referred for treatment or services if the agency or institution
575	575	disclosing the information has entered into a written
576	576	confidentiality agreement with the individual or entity regarding
577	577	the protection of the disclosed information; or
578	578	(9) with leave of the justice or municipal court, any
579	579	other person having a legitimate interest in the proceeding or in
580	580	the work of the court.
581	581	SECTION 6. Articles 45.041(a-1), (b-3), and (b-5), Code of
582	582	Criminal Procedure, are amended to read as follows:
583	583	(a-1) Notwithstanding any other provision of this article,
584	584	during or immediately after imposing a sentence in a case in which
585	585	the defendant entered a plea in open court as provided by Article
586	586	27.14(a) or 27.16(a), the justice or judge shall inquire whether
587	587	the defendant has sufficient resources or income to immediately pay
588	588	all or part of the fine and costs. If the justice or judge
589	589	determines that the defendant does not have sufficient resources or
590	590	income to immediately pay all or part of the fine and costs, the
591	591	justice or judge shall determine whether the fine and costs should
592	592	be:
593	593	(1) subject to Subsection (b-2), required to be paid
594	594	at some later date or in a specified portion at designated
595	595	intervals;
596	596	(2) discharged by performing community service
597	597	under[, as applicable,] Article 45.049[, Article 45.0492, as added
598	598	by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
599	599	Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B.
600	600	1964), Acts of the 82nd Legislature, Regular Session, 2011];
601	601	(3) waived in full or in part under Article 45.0491; or
602	602	(4) satisfied through any combination of methods under
603	603	Subdivisions (1)-(3).
604	604	(b-3) If a diversion is not required under Subchapter E or
605	605	Subsection (b-5), a [A] judge shall [may] allow a defendant who is a
606	606	child, as defined by Article 45.058(h), to elect at the time of
607	607	conviction, as defined by Section 133.101, Local Government Code,
608	608	to discharge the fine and costs by:
609	609	(1) performing community service or receiving
610	610	tutoring under Article 45.049 [45.0492, as added by Chapter 227
611	611	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
612	612	or
613	613	(2) paying the fine and costs in a manner described by
614	614	Subsection (b).
615	615	(b-5) If a case involving a child who is eligible for
616	616	diversion under Article 45.304 results in a trial, on a finding of
617	617	guilt, without entering a judgment, sentence, or conviction, the
618	618	justice or judge shall order a diversion under Article 45.314 [The
619	619	requirement under Article 45.0492(a), as added by Chapter 227 (H.B.
620	620	350), Acts of the 82nd Legislature, Regular Session, 2011, that an
621	621	offense occur in a building or on the grounds of the primary or
622	622	secondary school at which the defendant was enrolled at the time of
623	623	the offense does not apply to the performance of community service
624	624	or the receipt of tutoring to discharge a fine or costs under
625	625	Subsection (b-3)(1)].
626	626	SECTION 7. Articles 45.049(a), (b), (c), (d), (f), and (i),
627	627	Code of Criminal Procedure, are amended to read as follows:
628	628	(a) A justice or judge may require a defendant who fails to
629	629	pay a previously assessed fine or costs, [or] who is determined by
630	630	the court to have insufficient resources or income to pay a fine or
631	631	costs, or who is a child and assessed a fine or costs to discharge
632	632	all or part of the fine or costs by performing community service. A
633	633	defendant may discharge an obligation to perform community service
634	634	under this article by paying at any time the fine and costs
635	635	assessed.
636	636	(b) In the justice's or judge's order requiring a defendant
637	637	to perform community service under this article, the justice or
638	638	judge must specify:
639	639	(1) the number of hours of community service the
640	640	defendant is required to perform, not to exceed 20 hours if the
641	641	defendant is a child; and
642	642	(2) the date by which the defendant must submit to the
643	643	court documentation verifying the defendant's completion of the
644	644	community service.
645	645	(c) The justice or judge may order the defendant to perform
646	646	community service under this article:
647	647	(1) by attending:
648	648	(A) a work and job skills training program;
649	649	(B) a preparatory class for the high school
650	650	equivalency examination administered under Section 7.111,
651	651	Education Code;
652	652	(C) an alcohol or drug abuse program;
653	653	(D) a rehabilitation program;
654	654	(E) a counseling program, including a
655	655	self-improvement program;
656	656	(F) a mentoring program;
657	657	(G) a tutoring program if the defendant is a
658	658	child; or
659	659	(H) [(G)] any similar activity; or
660	660	(2) for:
661	661	(A) a governmental entity;
662	662	(B) a nonprofit organization or another
663	663	organization that provides services to the general public that
664	664	enhance social welfare and the general well-being of the community,
665	665	as determined by the justice or judge; or
666	666	(C) an educational institution.
667	667	(d) A justice or judge may not order a defendant to perform
668	668	more than 16 hours per week of community service under this article
669	669	unless the justice or judge determines that requiring the defendant
670	670	to perform additional hours does not impose an undue hardship on the
671	671	defendant or the defendant's dependents, or if the defendant is a
672	672	child, on the defendant or the defendant's family. In this
673	673	subsection, "family" has the meaning assigned by Section 71.003,
674	674	Family Code.
675	675	(f) A sheriff, employee of a sheriff's department, county
676	676	commissioner, county employee, county judge, justice of the peace,
677	677	municipal court judge, or officer or employee of a political
678	678	subdivision other than a county or an entity that accepts a
679	679	defendant under this article or Subchapter E to perform community
680	680	service is not liable for damages arising from an act or failure to
681	681	act in connection with community service performed by a defendant
682	682	under this article or Subchapter E if the act or failure to act:
683	683	(1) was performed pursuant to court order; and
684	684	(2) was not intentional, wilfully or wantonly
685	685	negligent, or performed with conscious indifference or reckless
686	686	disregard for the safety of others.
687	687	(i) A community supervision and corrections department, a
688	688	local juvenile probation department, or a court-related services
689	689	office may provide the administrative and other services necessary
690	690	for supervision of a defendant required to perform community
691	691	service under this article.
692	692	SECTION 8. Article 45.051(a-1), Code of Criminal Procedure,
693	693	is amended to read as follows:
694	694	(a-1) Notwithstanding any other provision of law, as an
695	695	alternative to requiring a defendant charged with one or more
696	696	offenses to make payment of all fines and court costs as required by
697	697	Subsection (a), the judge may:
698	698	(1) allow the defendant to enter into an agreement for
699	699	payment of those fines and costs in installments during the
700	700	defendant's period of probation;
701	701	(2) require an eligible defendant to discharge all or
702	702	part of those fines and costs by performing community service or
703	703	attending a tutoring program under Article 45.049 [or under Article
704	704	45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd
705	705	Legislature, Regular Session, 2011];
706	706	(3) waive all or part of those fines and costs under
707	707	Article 45.0491; or
708	708	(4) take any combination of actions authorized by
709	709	Subdivision (1), (2), or (3).
710	710	SECTION 9. Articles 45.056(a), (b), (d), (e), (g), and (h),
711	711	Code of Criminal Procedure, are amended to read as follows:
712	712	(a) On approval of the commissioners court, city council,
713	713	school district board of trustees, juvenile board, or other
714	714	appropriate authority, a county court, justice court, municipal
715	715	court, school district, juvenile probation department, or other
716	716	appropriate governmental entity may:
717	717	(1) employ a juvenile case manager or contract for a
718	718	juvenile case manager to provide services in cases involving:
719	719	(A) youth diversion under Subchapter E;
720	720	(B) children [juvenile offenders] who are before
721	721	a court consistent with the court's statutory powers; or
722	722	(C) children who are referred to a court by a
723	723	school administrator or designee for misconduct that would
724	724	otherwise be within the court's statutory powers prior to a case
725	725	being filed, with the consent of the juvenile and the juvenile's
726	726	parents or guardians;
727	727	(2) employ or contract for the services of one or more
728	728	juvenile case managers who:
729	729	(A) shall assist the court in administering the
730	730	court's juvenile docket and in supervising the court's orders in
731	731	juvenile cases; and
732	732	(B) may provide:
733	733	(i) prevention services to a child
734	734	considered at risk of entering the juvenile justice system; and
735	735	(ii) youth diversion [intervention]
736	736	services to juveniles engaged in misconduct before cases are filed,
737	737	excluding traffic offenses; or
738	738	(3) agree in accordance with Chapter 791, Government
739	739	Code, with any appropriate governmental entity to jointly employ a
740	740	juvenile case manager, jointly contract for juvenile case manager
741	741	services, or [to] jointly contribute to the costs of a juvenile case
742	742	manager or juvenile case manager [employed by one governmental
743	743	entity to provide] services described by Subdivisions (1) and (2).
744	744	(b) A local entity may apply or more than one local entity
745	745	may jointly apply to the criminal justice division of the
746	746	governor's office for reimbursement of all or part of the costs of
747	747	employing one or more juvenile case managers or contracting for
748	748	juvenile case manager services from funds appropriated to the
749	749	governor's office or otherwise available for purposes of youth
750	750	diversion [that purpose]. To be eligible for reimbursement, the
751	751	entity applying must present to the governor's office a
752	752	comprehensive plan to reduce juvenile crimes in the entity's
753	753	jurisdiction and a youth diversion plan under Article 45.306 that
754	754	addresses the role of the juvenile case manager in that effort.
755	755	(d) The court or governing body may pay from the local youth
756	756	diversion fund established under Section 134.156, Local Government
757	757	Code:
758	758	(1) the salary and benefits of a juvenile case
759	759	manager;
760	760	(2) the costs of contracting for juvenile case manager
761	761	services; and
762	762	(3) the costs of training, travel, office supplies,
763	763	and other necessary expenses relating to the position of the
764	764	juvenile case manager and juvenile case manager services [from the
765	765	local truancy prevention and diversion fund established under
766	766	Section 134.156, Local Government Code].
767	767	(e) A juvenile case manager [employed under Subsection (c)]
768	768	shall give priority to cases brought under Section [Sections]
769	769	25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
770	770	youth diversion under Subchapter E.
771	771	(g) A [The employing] court or governmental entity under
772	772	this article shall implement the rules adopted under Subsection
773	773	(f).
774	774	(h) The commissioners court or governing body of the
775	775	municipality that administers a local youth [truancy prevention
776	776	and] diversion fund under Section 134.156, Local Government Code,
777	777	shall require periodic review of juvenile case managers to ensure
778	778	the implementation of the rules adopted under Subsection (f).
779	779	SECTION 10. Article 45.056(c), Code of Criminal Procedure,
780	780	as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
781	781	the 83rd Legislature, Regular Session, 2013, is reenacted and
782	782	amended to read as follows:
783	783	(c) An entity that jointly employs a juvenile case manager,
784	784	jointly contracts for juvenile case manager services, or jointly
785	785	contributes to the costs of a juvenile case manager or juvenile case
786	786	manager services under Subsection (a)(3) employs a juvenile case
787	787	manager for purposes of Chapter 102 of this code and Chapter 102,
788	788	Government Code.
789	789	SECTION 11. The heading to Article 102.014, Code of
790	790	Criminal Procedure, is amended to read as follows:
791	791	Art. 102.014. FINES FOR CHILD SAFETY FUND [IN
792	792	MUNICIPALITIES].
793	793	SECTION 12. Articles 102.014(g) and (h), Code of Criminal
794	794	Procedure, are amended to read as follows:
795	795	(g) In a municipality with a population less than 850,000
796	796	according to the most recent federal decennial census, the money
797	797	collected under this article in a municipal court case must be used
798	798	for a school crossing guard program if the municipality operates
799	799	one. If the municipality does not operate a school crossing guard
800	800	program or if the money received from fines from municipal court
801	801	cases exceeds the amount necessary to fund the school crossing
802	802	guard program, the municipality may:
803	803	(1) deposit the additional money in an
804	804	interest-bearing account;
805	805	(2) expend the additional money for programs designed
806	806	to enhance child safety, health, or nutrition, including child
807	807	abuse prevention and intervention, youth diversion, and drug and
808	808	alcohol abuse prevention; or
809	809	(3) expend the additional money for programs designed
810	810	to enhance public safety and security.
811	811	(h) Money collected under this article in a justice, county,
812	812	or district court shall be used to fund school crossing guard
813	813	programs in the county where they are collected. If the county does
814	814	not operate a school crossing guard program, the county may:
815	815	(1) remit fine revenues to school districts in its
816	816	jurisdiction for the purpose of providing school crossing guard
817	817	services;
818	818	(2) fund programs the county is authorized by law to
819	819	provide which are designed to enhance child safety, health, or
820	820	nutrition, including child abuse prevention and intervention,
821	821	youth diversion, and drug and alcohol abuse prevention;
822	822	(3) provide funding to the sheriff's department for
823	823	school-related activities;
824	824	(4) provide funding to the county juvenile probation
825	825	department; or
826	826	(5) deposit the money in the general fund of the
827	827	county.
828	828	SECTION 13. Article 102.0171, Code of Criminal Procedure,
829	829	is amended by amending Subsections (a) and (c) and adding
830	830	Subsection (e) to read as follows:
831	831	(a) A defendant convicted of an offense under Section 28.08,
832	832	Penal Code, in a municipal court, justice court, county court,
833	833	county court at law, or district court shall pay a fine of $50 for
834	834	juvenile delinquency prevention and graffiti eradication.
835	835	(c) The clerks of the respective courts shall collect the
836	836	fines and pay the fines to the county treasurer, municipal
837	837	treasurer, or to any other official who discharges the duties
838	838	commonly delegated to the county or municipal treasurer for deposit
839	839	in a fund to be known as the county juvenile delinquency prevention
840	840	fund or municipal juvenile delinquency prevention fund. A fund
841	841	designated by this subsection may be used only to:
842	842	(1) repair damage caused by the commission of offenses
843	843	under Section 28.08, Penal Code;
844	844	(2) provide educational and intervention programs and
845	845	materials, including printed educational materials for
846	846	distribution to primary and secondary school students, designed to
847	847	prevent individuals from committing offenses under Section 28.08,
848	848	Penal Code;
849	849	(3) provide to the public rewards for identifying and
850	850	aiding in the apprehension and prosecution of offenders who commit
851	851	offenses under Section 28.08, Penal Code;
852	852	(4) provide funding for teen recognition and teen
853	853	recreation programs;
854	854	(5) provide funding for local teen court programs;
855	855	(6) provide funding for the local juvenile probation
856	856	department; [and]
857	857	(7) provide educational and intervention programs
858	858	designed to prevent juveniles from engaging in delinquent conduct;
859	859	and
860	860	(8) provide funding for youth diversion under
861	861	Subchapter E, Chapter 45.
862	862	(e) The municipal juvenile delinquency prevention fund
863	863	shall be administered by or under the direction of the governing
864	864	body of a municipality.
865	865	SECTION 14. Section 52.03(a), Family Code, is amended to
866	866	read as follows:
867	867	(a) A law-enforcement officer authorized by this title to
868	868	take a child into custody may dispose of the case of a child taken
869	869	into custody [or accused of a Class C misdemeanor, other than a
870	870	traffic offense,] without referral to juvenile court [or charging a
871	871	child in a court of competent criminal jurisdiction,] if:
872	872	(1) guidelines for such disposition have been adopted
873	873	by the juvenile board of the county in which the disposition is made
874	874	as required by Section 52.032;
875	875	(2) the disposition is authorized by the guidelines;
876	876	and
877	877	(3) the officer makes a written report of the officer's
878	878	disposition to the law-enforcement agency, identifying the child
879	879	and specifying the grounds for believing that the taking into
880	880	custody [or accusation of criminal conduct] was authorized.
881	881	SECTION 15. Section 52.031(a), Family Code, is amended to
882	882	read as follows:
883	883	(a) A juvenile board may establish a first offender program
884	884	under this section for the referral and disposition of children
885	885	taken into custody for [, or accused prior to the filing of a
886	886	criminal charge, of]:
887	887	(1) conduct indicating a need for supervision; or
888	888	(2) [a Class C misdemeanor, other than a traffic
889	889	offense; or
890	890	[(3)] delinquent conduct other than conduct that
891	891	constitutes:
892	892	(A) a felony of the first, second, or third
893	893	degree, an aggravated controlled substance felony, or a capital
894	894	felony; or
895	895	(B) a state jail felony or misdemeanor involving
896	896	violence to a person or the use or possession of a firearm,
897	897	location-restricted knife, or club, as those terms are defined by
898	898	Section 46.01, Penal Code, or a prohibited weapon, as described by
899	899	Section 46.05, Penal Code.
900	900	SECTION 16. Sections 52.031(d), (f), (i), and (j), Family
901	901	Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),
902	902	Acts of the 83rd Legislature, Regular Session, 2013, are reenacted
903	903	and amended to read as follows:
904	904	(d) A law enforcement officer taking a child into custody
905	905	[or accusing a child of an offense described in Subsection (a)(2)]
906	906	may refer the child to the law enforcement officer or agency
907	907	designated under Subsection (b) for disposition under the first
908	908	offender program and not refer the child to juvenile court [or a
909	909	court of competent criminal jurisdiction] only if:
910	910	(1) the child has not previously been adjudicated as
911	911	having engaged in delinquent conduct;
912	912	(2) the referral complies with guidelines for
913	913	disposition under Subsection (c); and
914	914	(3) the officer reports in writing the referral to the
915	915	agency, identifying the child and specifying the grounds for taking
916	916	the child into custody [or accusing a child of an offense described
917	917	in Subsection (a)(2)].
918	918	(f) The parent, guardian, or other custodian of the child
919	919	must receive notice that the child has been referred for
920	920	disposition under the first offender program. The notice must:
921	921	(1) state the grounds for taking the child into
922	922	custody [or accusing a child of an offense described in Subsection
923	923	(a)(2)];
924	924	(2) identify the law enforcement officer or agency to
925	925	which the child was referred;
926	926	(3) briefly describe the nature of the program; and
927	927	(4) state that the child's failure to complete the
928	928	program will result in the child being referred to the juvenile
929	929	court [or a court of competent criminal jurisdiction].
930	930	(i) The case of a child who successfully completes the first
931	931	offender program is closed and may not be referred to juvenile court
932	932	[or a court of competent criminal jurisdiction], unless the child
933	933	is taken into custody under circumstances described by Subsection
934	934	(j)(3).
935	935	(j) The case of a child referred for disposition under the
936	936	first offender program shall be referred to juvenile court [or a
937	937	court of competent criminal jurisdiction] if:
938	938	(1) the child fails to complete the program;
939	939	(2) the child or the parent, guardian, or other
940	940	custodian of the child terminates the child's participation in the
941	941	program before the child completes it; or
942	942	(3) the child completes the program but is taken into
943	943	custody under Section 52.01 before the 90th day after the date the
944	944	child completes the program for conduct other than the conduct for
945	945	which the child was referred to the first offender program.
946	946	SECTION 17. Section 264.302(e), Family Code, is amended to
947	947	read as follows:
948	948	(e) The department shall provide services for a child and
949	949	the child's family if a contract to provide services under this
950	950	section is available in the county and the child is referred to the
951	951	department as an at-risk child by:
952	952	(1) a juvenile court or probation department as part
953	953	of a progressive sanctions program under Chapter 59;
954	954	(2) a law enforcement officer or agency under Article
955	955	45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of
956	956	this code; or
957	957	(3) a justice or municipal court under Article 45.057,
958	958	45.313, or 45.314, Code of Criminal Procedure.
959	959	SECTION 18. Subchapter F, Chapter 102, Government Code, is
960	960	amended by adding Section 102.1011 to read as follows:
961	961	Sec. 102.1011. JUVENILE DELINQUENCY PREVENTION AND
962	962	GRAFFITI ERADICATION FINE ON CONVICTION IN JUSTICE COURT: CODE OF
963	963	CRIMINAL PROCEDURE. The clerk of a justice court shall collect from
964	964	a defendant a juvenile delinquency prevention and graffiti
965	965	eradication fine of $50 under Article 102.0171, Code of Criminal
966	966	Procedure, on conviction of an offense under Section 28.08, Penal
967	967	Code.
968	968	SECTION 19. Subchapter G, Chapter 102, Government Code, is
969	969	amended by adding Section 102.1211 to read as follows:
970	970	Sec. 102.1211. JUVENILE DELINQUENCY PREVENTION AND
971	971	GRAFFITI ERADICATION FINE ON CONVICTION IN MUNICIPAL COURT: CODE OF
972	972	CRIMINAL PROCEDURE. The clerk of a municipal court shall collect
973	973	from a defendant a juvenile delinquency prevention and graffiti
974	974	eradication fine of $50 under Article 102.0171, Code of Criminal
975	975	Procedure, on conviction of an offense under Section 28.08, Penal
976	976	Code.
977	977	SECTION 20. Subchapter B, Chapter 103, Government Code, is
978	978	amended by adding Section 103.02102 to read as follows:
979	979	Sec. 103.02102. ADDITIONAL FEE FOR YOUTH DIVERSION: CODE OF
980	980	CRIMINAL PROCEDURE. A parent of a child participating in a
981	981	diversion program shall, if ordered by the court under Article
982	982	45.316, Code of Criminal Procedure, pay a fee of $30 to defray the
983	983	costs of youth diversion programs under Subchapter E, Chapter 45,
984	984	Code of Criminal Procedure.
985	985	SECTION 21. Section 133.102(e), Local Government Code, is
986	986	amended to read as follows:
987	987	(e) The comptroller shall allocate the court costs received
988	988	under this section to the following accounts and funds so that each
989	989	receives to the extent practicable, utilizing historical data as
990	990	applicable, the same amount of money the account or fund would have
991	991	received if the court costs for the accounts and funds had been
992	992	collected and reported separately, except that the account or fund
993	993	may not receive less than the following percentages:
994	994	(1) crime stoppers assistance account
995	995	0.2427 percent;
996	996	(2) breath alcohol testing account
997	997	0.3900 percent;
998	998	(3) Bill Blackwood Law Enforcement Management
999	999	Institute account
1000	1000	1.4741 percent;
1001	1001	(4) Texas Commission on Law Enforcement account
1002	1002	3.4418 percent;
1003	1003	(5) law enforcement and custodial officer supplement
1004	1004	retirement trust fund
1005	1005	7.2674 percent;
1006	1006	(6) criminal justice planning account
1007	1007	8.5748 percent;
1008	1008	(7) an account in the state treasury to be used only
1009	1009	for the establishment and operation of the Center for the Study and
1010	1010	Prevention of Juvenile Crime and Delinquency at Prairie View A&M
1011	1011	University
1012	1012	0.8540 percent;
1013	1013	(8) compensation to victims of crime account
1014	1014	24.6704 percent;
1015	1015	(9) emergency radio infrastructure account
1016	1016	3.6913 percent;
1017	1017	(10) judicial and court personnel training account
1018	1018	3.3224 percent;
1019	1019	(11) an account in the state treasury to be used for
1020	1020	the establishment and operation of the Correctional Management
1021	1021	Institute of Texas and Criminal Justice Center account [Account]
1022	1022	0.8522 percent;
1023	1023	(12) fair defense account
1024	1024	17.8857 percent;
1025	1025	(13) judicial fund
1026	1026	12.2667 percent;
1027	1027	(14) DNA testing account
1028	1028	0.1394 percent;
1029	1029	(15) specialty court account
1030	1030	1.0377 percent;
1031	1031	(16) statewide electronic filing system account
1032	1032	0.5485 percent;
1033	1033	(17) jury service fund
1034	1034	6.4090 percent;
1035	1035	(18) youth [truancy prevention and] diversion account
1036	1036	2.5956 percent; and
1037	1037	(19) transportation administrative fee account
1038	1038	4.3363 percent.
1039	1039	SECTION 22. Section 133.125, Local Government Code, is
1040	1040	amended to read as follows:
1041	1041	Sec. 133.125. ALLOCATION OF FEES TO YOUTH [TRUANCY
1042	1042	PREVENTION AND] DIVERSION ACCOUNT. (a) The youth [truancy
1043	1043	prevention and] diversion account is a dedicated account in the
1044	1044	general revenue fund. The account consists of money allocated to
1045	1045	the account under Section 133.102(e).
1046	1046	(b) The legislature may appropriate money from the youth
1047	1047	[truancy prevention and] diversion account only to the criminal
1048	1048	justice division of the governor's office for distribution to local
1049	1049	governmental entities for youth diversion [truancy prevention and
1050	1050	intervention] services.
1051	1051	(c) A local governmental entity may request funds from the
1052	1052	criminal justice division of the governor's office for providing
1053	1053	youth diversion [truancy prevention and intervention] services.
1054	1054	The division may award the requested funds based on the
1055	1055	availability of appropriated funds and subject to the application
1056	1056	procedure and eligibility requirements specified by division rule.
1057	1057	SECTION 23. Section 134.103(b), Local Government Code, is
1058	1058	amended to read as follows:
1059	1059	(b) The treasurer shall allocate the court costs received
1060	1060	under this section to the following accounts and funds so that each
1061	1061	receives to the extent practicable, utilizing historical data as
1062	1062	applicable, the same amount of money the account or fund would have
1063	1063	received if the court costs for the accounts and funds had been
1064	1064	collected and reported separately, except that the account or fund
1065	1065	may not receive less than the following percentages:
1066	1066	(1) the courthouse security fund or municipal court
1067	1067	building security fund, as appropriate
1068	1068	35 percent;
1069	1069	(2) the local youth [truancy prevention and] diversion
1070	1070	fund
1071	1071	35.7143 percent;
1072	1072	(3) the justice court technology fund or municipal
1073	1073	court technology fund, as appropriate
1074	1074	28.5714 percent; and
1075	1075	(4) the county or municipal jury fund, as appropriate
1076	1076	0.7143 percent.
1077	1077	SECTION 24. The heading to Section 134.156, Local
1078	1078	Government Code, is amended to read as follows:
1079	1079	Sec. 134.156. LOCAL YOUTH [TRUANCY PREVENTION AND]
1080	1080	DIVERSION FUND.
1081	1081	SECTION 25. Section 134.156(a), Local Government Code, is
1082	1082	amended to read as follows:
1083	1083	(a) Money allocated under Section 134.103 to the local youth
1084	1084	[truancy prevention and] diversion fund maintained in the county or
1085	1085	municipal treasury as required by Section 134.151 may be used by a
1086	1086	county or municipality to finance the salary, benefits, training,
1087	1087	travel expenses, office supplies, and other necessary expenses
1088	1088	relating to the position of a juvenile case manager employed or
1089	1089	contracted under Article 45.056, Code of Criminal Procedure. If
1090	1090	there is money in the fund after those costs are paid, subject to
1091	1091	the direction of the governing body of the county or municipality
1092	1092	and on approval by the employing court, a juvenile case manager may
1093	1093	direct the remaining money to be used to implement programs
1094	1094	directly related to the duties of the juvenile case manager,
1095	1095	including juvenile alcohol and substance abuse programs,
1096	1096	educational and leadership programs, and any other projects
1097	1097	designed to prevent or reduce the number of juvenile referrals to
1098	1098	the court.
1099	1099	SECTION 26. The following laws are repealed:
1100	1100	(1) Article 45.0492, Code of Criminal Procedure, as
1101	1101	added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
1102	1102	Regular Session, 2011;
1103	1103	(2) Article 45.0492, Code of Criminal Procedure, as
1104	1104	added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
1105	1105	Regular Session, 2011;
1106	1106	(3) Article 42.15(f), Code of Criminal Procedure; and
1107	1107	(4) Section 52.031(a-1), Family Code.
1108	1108	SECTION 27. Not later than September 1, 2022, each justice
1109	1109	and municipal court shall implement a youth diversion plan under
1110	1110	Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
1111	1111	this Act.
1112	1112	SECTION 28. The changes in law made by this Act apply only
1113	1113	to an offense committed on or after September 1, 2022. An offense
1114	1114	committed before September 1, 2022, is governed by the law in effect
1115	1115	on the date the offense was committed, and the former law is
1116	1116	continued in effect for that purpose. For purposes of this section,
1117	1117	an offense was committed before September 1, 2022, if any element of
1118	1118	the offense occurred before that date.
1119	1119	SECTION 29. This Act takes effect September 1, 2021.