87R3298 ADM-F
By: Perry S.B. No. 512
A BILL TO BE ENTITLED
AN ACT
relating to youth diversion programs for children accused of
certain fine-only offenses and related criminal justice matters;
authorizing and imposing fees and fines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 45, Code of Criminal Procedure, is
amended by adding Subchapter E to read as follows:
SUBCHAPTER E. YOUTH DIVERSION
Art. 45.301. DEFINITIONS. In this subchapter:
(1) "Charge" means a formal or informal allegation of
an offense, including a citation, written promise to appear,
complaint, or pending complaint.
(2) "Child" has the meaning assigned by Article
45.058(h).
(3) "Diversion" means an intervention strategy that
redirects a child from formal criminal prosecution and holds the
child accountable for the child's actions. The term includes
diversion under Article 45.310, 45.311, 45.313, or 45.314.
(4) "Offense" means a Class C misdemeanor other than a
traffic offense.
(5) "Parent" has the meaning assigned by Article
45.057(a).
(6) "Service provider" means a governmental agency,
political subdivision, open-enrollment charter school, nonprofit
organization, or other entity that provides services to children or
families.
(7) "Youth diversion plan" means a plan adopted under
Article 45.306.
Art. 45.302. APPLICABILITY. This subchapter applies only
to a child who is alleged to have engaged in conduct that
constitutes a Class C misdemeanor other than a traffic offense.
Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED.
Nothing in this subchapter precludes:
(1) a case involving a child from being referred,
adjudicated, or disposed of as conduct indicating a need for
supervision under Title 3, Family Code; or
(2) a waiver of criminal jurisdiction and transfer of
a child's case as provided by Section 51.08, Family Code.
Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as
provided by Subsection (b), a child shall be diverted from formal
criminal prosecution as provided by this subchapter.
(b) A child who is 15 years of age or older at the time the
child is alleged to have engaged in conduct that constitutes an
offense is not eligible for diversion if the child has previously
had two unsuccessful diversions under this subchapter for unrelated
offenses.
Art. 45.305. DIVERSION STRATEGIES. (a) Diversion
strategies include:
(1) requiring a child to participate in a program,
including:
(A) a court-approved teen court program operated
by a service provider;
(B) a school-related program;
(C) an educational program, including an alcohol
awareness program approved by the Texas Department of Licensing and
Regulation or a tobacco awareness program or a drug education
program approved by the Department of State Health Services;
(D) a rehabilitation program; or
(E) a self-improvement program, including a
program relating to self-esteem, leadership, self-responsibility,
empathy, parenting, parental responsibility, manners, violence
avoidance, anger management, life skills, wellness, or dispute
resolution;
(2) referring the child to a service provider for
services, including:
(A) at-risk youth services under Subchapter D,
Chapter 264, Family Code;
(B) juvenile case manager services under Article
45.056;
(C) work and job skills training, including job
interviewing and work preparation;
(D) academic monitoring or tutoring, including
preparation for a high school equivalency examination administered
under Section 7.111, Education Code;
(E) community-based services;
(F) mental health screening and clinical
assessment;
(G) counseling, including private or in-school
counseling; or
(H) mentoring services;
(3) requiring a child to:
(A) participate in mediation or other dispute
resolution processes;
(B) submit to alcohol or drug testing; or
(C) substantially comply with a course of
treatment prescribed by a physician or other licensed medical or
mental health professional; and
(4) requiring a child, by court order, to:
(A) pay restitution not to exceed $100 for an
offense against property under Title 7, Penal Code;
(B) perform not more than 20 hours of community
service; or
(C) perform any other reasonable action
determined by the court.
(b) A diversion strategy may be imposed under:
(1) a disposition or diversion by law enforcement
under Article 45.310 or 45.311;
(2) an intermediate diversion from court under Article
45.313;
(3) a diversion by a justice or judge under Article
45.314; or
(4) a system of graduated sanctions for certain school
offenses under Section 37.144, Education Code.
Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion
plan is a written plan that describes the types of strategies that
will be used to implement youth diversion. A youth diversion plan
does not limit the types of diversion strategies that may be imposed
under a diversion agreement under Article 45.312.
(b) Each justice and municipal court shall adopt a youth
diversion plan.
(c) A youth diversion plan may be devised for a county or
municipality or an individual court within a county or
municipality.
(d) In accordance with Chapter 791, Government Code, a local
government may enter into an agreement with one or more local
governments to create a regional youth diversion plan and
collaborate in the implementation of this subchapter.
(e) A youth diversion plan may include an agreement with a
service provider to provide services for a diversion strategy.
(f) A youth diversion plan may contain guidelines for
disposition or diversion of a child's case by law enforcement under
Article 45.310 or 45.311. The guidelines are not mandatory.
(g) The guidelines adopted under Subsection (f) may not
allow for the disposition or diversion of a child's case under
Article 45.310 or 45.311 if there is probable cause to believe that
the child may be the victim of conduct that constitutes an offense
under Section 20A.02, Penal Code (trafficking of persons).
(h) A current youth diversion plan must be maintained on
file for public inspection in each justice and municipal court,
including courts that collaborate with one or more counties or
municipalities.
(i) A court or local government may adopt rules necessary to
coordinate services under a youth diversion plan or to implement
this subchapter.
Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may
designate a youth diversion coordinator to assist the court in:
(1) determining whether a youth is eligible for
diversion;
(2) employing a diversion strategy authorized by this
subchapter;
(3) presenting and maintaining diversion agreements;
(4) monitoring diversions;
(5) maintaining records regarding whether one or more
diversions were successful or unsuccessful; and
(6) coordinating referrals to court.
(b) The responsibilities of the youth diversion coordinator
may be performed by:
(1) a court administrator or court clerk, or a person
who regularly performs the duties of court administrator or court
clerk;
(2) an individual or entity that provides juvenile
case manager services under Article 45.056;
(3) a court-related services office;
(4) a community supervision and corrections
department;
(5) a county or municipal employee;
(6) a community volunteer;
(7) an institution of higher learning, including a
private or independent institution; or
(8) a qualified nonprofit organization.
Art. 45.308. YOUTH DIVERSION ADVISORY COUNCIL. (a) A
commissioners court of a county or the governing body of a
municipality may establish a youth diversion advisory council.
(b) The purpose of a youth diversion advisory council is to
facilitate community input, suggest improvements to a youth
diversion plan, and make recommendations to accomplish the
following objectives:
(1) to provide children the option of an alternative,
non-adversarial procedure to resolve certain charges while
ensuring that the child's legal rights are protected;
(2) to authorize diversions from criminal prosecution
under this subchapter that emphasize accountability and
responsibility of the parent and the child for the child's conduct;
(3) to reduce recidivism and the occurrence of problem
behaviors without criminal prosecution in justice and municipal
courts;
(4) to identify at-risk youth and, where appropriate,
refer at-risk youth to services under Subchapter D, Chapter 264,
Family Code;
(5) to remove, where appropriate, the taint of
criminality and collateral consequences of criminal convictions
from children charged with certain unlawful acts;
(6) to encourage problem-solving approaches and the
use of evidence-based practices in focusing on outcomes that are in
the best interests of the child and the community; and
(7) to increase collaboration between governmental,
educational, and nonprofit organizations in devising local and
regional diversion strategies.
(c) The commissioners court of the county or governing body
of the municipality appoints the members of the youth diversion
advisory council. The members serve terms specified by the
commissioners court or governing body without compensation.
(d) County and municipal youth diversion advisory councils
may collaborate to identify best practices, share information and
resources, and coordinate diversion efforts under this subchapter.
(e) One or more counties or municipalities by agreement may
create a regional youth diversion advisory council.
Art. 45.309. WARNING NOTICE BY PEACE OFFICER. (a) In lieu
of taking a child into custody, issuing a citation, or filing a
complaint for an offense, a peace officer may issue a warning notice
to the child if:
(1) guidelines for issuing a warning notice have been
issued by the law enforcement agency employing the peace officer;
(2) the warning notice is authorized by the
guidelines;
(3) the warning notice identifies the child and
describes the child's alleged offense;
(4) a copy of the warning notice is sent to the child's
parent as soon as practicable; and
(5) a copy of the warning notice is filed with a
service provider, youth diversion coordinator, or other person
designated in the youth diversion plan.
(b) A warning notice filed under this article is not a
diversion but may be used as the basis of further action under the
terms of a diversion agreement.
Art. 45.310. PEACE OFFICER DISPOSITION. (a) In lieu of
issuing a citation to a child or filing a complaint in a justice or
municipal court, a peace officer may dispose of a case if:
(1) guidelines for a disposition under this article
have been adopted and are included in a youth diversion plan;
(2) the disposition is authorized by the guidelines;
and
(3) the peace officer makes a written report of the
officer's disposition to the law enforcement agency employing the
officer identifying the child and specifying the grounds for
believing that the child committed an offense.
(b) A disposition under this article may not include:
(1) keeping the child in law enforcement custody; or
(2) requiring the child to report periodically to a
peace officer, law enforcement agency, or other service provider.
(c) A disposition under this article may include:
(1) referral of the child to a service provider or
other diversion strategy specified in a youth diversion plan;
(2) a brief conference with the child and the child's
parent; or
(3) referral of the child and the child's parent for
at-risk youth services under Subchapter D, Chapter 264, Family
Code.
Art. 45.311. FIRST OFFENSE DIVERSION PROGRAM. (a) In this
article, "program" means a first offense diversion program
established under this article.
(b) As part of a youth diversion plan, a commissioners court
of a county or the governing body of a municipality may establish a
first offense diversion program for the referral and disposition of
a case before the filing of a charge for a first offense.
(c) A county or municipality in which a program has been
established shall designate one or more peace officers, law
enforcement agencies, or service providers to process children in
the program.
(d) In lieu of issuing a citation to a child or filing a
complaint in a justice or municipal court, a peace officer who has a
child in custody may refer the child to the peace officer, law
enforcement agency, or service provider designated under
Subsection (c) if:
(1) the child has not previously been referred to a
program under this article; and
(2) the officer reports the referral in writing to the
agency, identifying the child and specifying the grounds for taking
the child into custody or for accusing the child of the offense.
(e) A child's parent shall be notified that the child is
eligible to be referred to a first offense diversion program. The
notice must:
(1) state the grounds for believing that the child has
committed an offense;
(2) identify the peace officer, law enforcement
agency, or service provider to which the child may be referred;
(3) briefly describe the nature of the program; and
(4) state that the child's failure to complete the
program will result in the child being referred to court unless
stated otherwise in a youth diversion plan.
(f) Before a child is referred to a program, the child and
the child's parent must consent to the referral.
(g) A referral to a program under this article may be for a
period of not more than 180 days.
(h) Diversion strategies in a program may include:
(1) voluntary restitution by the child or the child's
parent to the victim of the child's conduct;
(2) voluntary community service by the child;
(3) educational or vocational training, counseling,
or other rehabilitative services;
(4) referral of the child to a service provider or
other diversion strategy specified in a youth diversion plan; and
(5) periodic reporting by the child to the peace
officer, law enforcement agency, or service provider to which the
child is referred.
(i) The case of a child who successfully completes a program
is closed and may not be referred to court.
(j) The case of a child referred to a program shall be
referred to a prosecutor or to court, or as specified in a youth
diversion plan, if:
(1) the child fails to complete the program;
(2) the child or the child's parent terminates the
child's participation in the program before the child completes the
program; or
(3) the child is alleged to have committed another
offense during the child's participation in the program.
(k) A statement made by a child to a person while
participating in a program may not be used against the child in any
subsequent court proceeding.
Art. 45.312. DIVERSION AGREEMENT. (a) A diversion
agreement must identify the parties to the agreement and the
responsibilities of the child and the child's parent to ensure
their meaningful participation in a diversion under Article 45.313
or 45.314.
(b) Stated objectives in a diversion agreement must be
measurable, realistic, and reasonable considering the
circumstances of the child and the best interests of the child and
the community.
(c) A diversion agreement must include:
(1) the terms of the agreement, including any
diversion strategy, written in a clear and concise manner and
identifying any offense or charge being diverted;
(2) possible consequences of a successful diversion
and an unsuccessful diversion;
(3) an explanation that participation in a diversion
is not an admission of guilt and a guilty plea is not required to
participate in a diversion;
(4) an explanation of the process that will be used for
reviewing and monitoring compliance with the terms of the
agreement;
(5) the period of the diversion;
(6) a verification that:
(A) the child and the child's parent were
notified of the child's rights, including the right to refuse
diversion; and
(B) the child knowingly and voluntarily consents
to participate in the diversion; and
(7) written acknowledgment and acceptance of the
agreement by the child and the child's parent.
(d) The terms of an agreement may vary depending on the
circumstances of the child, including the child's age and ability,
the charge being diverted, the diversion program, or the diversion
strategy.
(e) A charge may not be filed against a child or, if filed,
shall be dismissed if the child:
(1) does not contest the charge;
(2) is eligible for diversion under Article 45.304;
and
(3) accepts the terms of the agreement.
(f) Entering into a diversion agreement under this article
extends the court's jurisdiction for the term of the agreement.
(g) On entering into a diversion agreement, a copy of the
agreement shall be provided to the child and the child's parent, the
clerk of the court, a youth diversion coordinator, and any person
specified by the youth diversion plan.
Art. 45.313. INTERMEDIATE DIVERSION FROM COURT. (a) If
provided by a youth diversion plan and subject to the direction of
the court, a youth diversion coordinator, juvenile case manager, or
other designated officer of the court shall advise the child and the
child's parent before a case is filed that the case may be diverted
under this article for a reasonable period not to exceed 180 days
if:
(1) the child is eligible for diversion under Article
45.304;
(2) diversion is in the best interests of the child and
the community;
(3) the child and the child's parent consent to
diversion with the knowledge that diversion is optional; and
(4) the child and the child's parent are informed that
they may terminate the diversion at any time and, if terminated, the
case will be referred to court.
(b) The terms of a diversion agreement under this article
must be in writing and may include any of the diversion strategies
under Article 45.305.
(c) The case of a child who successfully complies with the
terms of a diversion agreement under this article shall be closed
and reported as successful to the court.
(d) A child who does not comply with the terms of a diversion
agreement under this article shall be referred to court under
Article 45.315.
(e) A statement made by a child or parent during a
discussion related to a diversion under this article may not be used
against a declarant in any subsequent court proceeding.
Art. 45.314. DIVERSION BY JUSTICE OR JUDGE. (a) If a
charge involving a child who is eligible for diversion is filed with
a court, a justice or judge shall divert the case under this
article.
(b) If the child does not contest the charge, a justice or
judge shall divert the case under this article without the child
having to enter a plea.
(c) If the child contests the charge, a justice or judge
shall divert the case under this article at the conclusion of trial
on a finding of guilt without entering a judgment of conviction as
provided by Article 45.041.
(d) A diversion under this article may not exceed 180 days.
(e) The terms of a diversion agreement under this article
must be in writing and may include any of the diversion strategies
described by Article 45.305.
(f) The case of a child who successfully complies with the
terms of a diversion agreement under this article shall be closed
and reported as successful to the court.
(g) A child who does not comply with the terms of a diversion
agreement under this article shall be referred to court for a
hearing under Article 45.315.
Art. 45.315. REFERRAL TO COURT. (a) A court shall conduct
a non-adversarial hearing for a child who does not successfully
complete the terms of a diversion under Article 45.311, 45.313, or
45.314 and is referred to court.
(b) The hearing is an opportunity for a justice or judge to
confer with the child and the child's parent to determine whether a
diversion should be declared unsuccessful by the court. The court
may also hear from any person who may be of assistance to the child
or the court in determining what is in the best interests of the
child and the community.
(c) After the hearing, a court may enter an order:
(1) amending or setting aside terms in a diversion
agreement;
(2) extending the diversion for a period not to exceed
one year;
(3) issuing a continuance for the hearing for a period
not to exceed 60 days to allow an opportunity for compliance with
the terms of a diversion;
(4) requiring the child's parent to do or refrain from
doing any act if the court determines that will increase the
likelihood the child will successfully complete the diversion and
comply with any other order of the court that is reasonable and
necessary for the welfare of the child;
(5) finding the diversion successful on the basis of
substantial compliance; or
(6) finding the diversion unsuccessful.
(d) If the court enters an order under Subsection (c)(6),
the court may transfer the child to juvenile court for alleged
conduct indicating a need for supervision under Section 51.08,
Family Code, if the child has previously had two unsuccessful
diversions.
(e) An order under Subsection (c)(4) is enforceable by
contempt.
Art. 45.316. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
(a) The clerk of a justice or municipal court may collect from a
child's parent a $30 administrative fee to defray the costs of the
diversion of the child's case under this subchapter.
(b) The fee under this article may not be collected unless
specified as a term of the diversion agreement accepted by the
child's parent. If the fee is not paid after giving the child's
parent an opportunity to be heard, the court shall order the parent,
if financially able, to pay the fee to the clerk of the court.
(c) A court shall waive the fee if the child's parent is
indigent or does not have sufficient resources or income to pay the
fee.
(d) A court may adopt rules for the waiver of a fee for
financial hardship under this article.
(e) The clerk of the court shall keep a record of the fees
collected under this article and shall forward the funds to the
county treasurer, municipal treasurer, or person fulfilling the
role of a county treasurer or municipal treasurer, as appropriate.
(f) The fee collected under this article shall be deposited
in a special account that can be used only to offset the cost of the
operations of youth diversion programs under this subchapter.
(g) Except for the fee authorized under Subsection (a), a
fee may not be assessed for a child diverted under this subchapter.
(h) The diversion of a child may not be contingent on
payment of a fee under this article.
Art. 45.317. DIVERSION RECORDS. (a) A justice or
municipal court shall maintain statistics for each diversion
strategy authorized by this subchapter.
(b) Statistics indicating the number of warning notices
under Article 45.309 and types of dispositions or diversions made
by a law enforcement agency under Article 45.310 or 45.311 shall be
reported at least annually to the justice or municipal court or
youth diversion coordinator as specified by a youth diversion plan.
Statistics shall include the age, gender, and ethnicity of the
child and the offense alleged by law enforcement to have been
committed by the child.
(c) Other than statistical records, all records generated
under this subchapter are confidential under Article 45.0217.
(d) All records of a diversion pertaining to a child under
this subchapter may be expunged after the child's 17th birthday and
shall, without requirement for a motion or request, be expunged
before the child's 18th birthday.
SECTION 2. Articles 42.15(a-1) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a-1) Notwithstanding any other provision of this article,
during or immediately after imposing a sentence in a case in which
the defendant entered a plea in open court as provided by Article
27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
defendant has sufficient resources or income to immediately pay all
or part of the fine and costs. If the court determines that the
defendant does not have sufficient resources or income to
immediately pay all or part of the fine and costs, the court shall
determine whether the fine and costs should be:
(1) subject to Subsection (c), required to be paid at
some later date or in a specified portion at designated intervals;
(2) discharged by performing community service
under[, as applicable,] Article 43.09(f) or [, Article] 45.049[,
Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the
82nd Legislature, Regular Session, 2011, or Article 45.0492, as
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
Regular Session, 2011];
(3) waived in full or in part under Article 43.091 or
45.0491; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
(d) A judge may allow a defendant who is a child, as defined
by Article 45.058(h), to elect at the time of conviction, as defined
by Section 133.101, Local Government Code, to discharge the fine
and costs by:
(1) performing community service or receiving
tutoring under Article 45.049 [45.0492, as added by Chapter 227
(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
or
(2) paying the fine and costs in a manner described by
Subsection (b).
SECTION 3. Article 44.2811, Code of Criminal Procedure, as
amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
393), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
Art. 44.2811. RECORDS RELATING TO CERTAIN [OR RECEIVING
DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
CHILD. All records and files and information stored by electronic
means or otherwise, from which a record or file could be generated,
relating to a criminal case for a fine-only misdemeanor, other than
a traffic offense, that is committed by a child and that is appealed
are confidential and may not be disclosed to the public except as
provided under Article 45.0217(b). [(a) This article applies only
to a misdemeanor offense punishable by fine only, other than a
traffic offense.
[(b) All records and files and information stored by
electronic means or otherwise, from which a record or file could be
generated, relating to a child who is convicted of and has satisfied
the judgment for or who has received a dismissal after deferral of
disposition for an offense described by Subsection (a) are
confidential and may not be disclosed to the public except as
provided under Article 45.0217(b).]
SECTION 4. Article 45.0215(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Subject to the requirements of Subchapter E, this [This]
article applies to a defendant who has not had the disabilities of
minority removed and has been:
(1) charged with an offense other than an offense
under Section 43.261, Penal Code, if the defendant is younger than
17 years of age; or
(2) charged with an offense under Section 43.261,
Penal Code, if the defendant is younger than 18 years of age.
SECTION 5. Article 45.0217, Code of Criminal Procedure, as
amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
393), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
Art. 45.0217. CONFIDENTIAL RECORDS RELATED TO CHARGES
AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
CHILD. (a) [This article applies only to a misdemeanor offense
punishable by fine only, other than a traffic offense.
[(a-1)] Except as provided by Article 15.27 and Subsection
(b), all records and files, including those held by law
enforcement, and information stored by electronic means or
otherwise, from which a record or file could be generated, relating
to a child who is charged with, is convicted of, is found not guilty
of, had a charge dismissed for, or is granted deferred disposition
for a fine-only misdemeanor [for or who has received a dismissal
after deferral of disposition for an] offense other than a traffic
offense [described by Subsection (a)] are confidential and may not
be disclosed to the public.
(b) Information subject to Subsection (a) [(a-1)] may be
open to inspection only by:
(1) judges, prosecutors, and the staff of the judges
or prosecutors [or court staff];
(2) a criminal justice agency for a criminal justice
purpose, as those terms are defined by Section 411.082, Government
Code;
(3) the Department of Public Safety;
(4) an attorney for a party to the proceeding;
(5) the child defendant; [or]
(6) the defendant's parent, guardian, or managing
conservator;
(7) a governmental agency if the disclosure is:
(A) required or authorized by law; or
(B) for the purpose of maintaining statistical
records of recidivism and for diagnosis and classification;
(8) an individual or entity to whom the child is
referred for treatment or services if the agency or institution
disclosing the information has entered into a written
confidentiality agreement with the individual or entity regarding
the protection of the disclosed information; or
(9) with leave of the justice or municipal court, any
other person having a legitimate interest in the proceeding or in
the work of the court.
SECTION 6. Articles 45.041(a-1), (b-3), and (b-5), Code of
Criminal Procedure, are amended to read as follows:
(a-1) Notwithstanding any other provision of this article,
during or immediately after imposing a sentence in a case in which
the defendant entered a plea in open court as provided by Article
27.14(a) or 27.16(a), the justice or judge shall inquire whether
the defendant has sufficient resources or income to immediately pay
all or part of the fine and costs. If the justice or judge
determines that the defendant does not have sufficient resources or
income to immediately pay all or part of the fine and costs, the
justice or judge shall determine whether the fine and costs should
be:
(1) subject to Subsection (b-2), required to be paid
at some later date or in a specified portion at designated
intervals;
(2) discharged by performing community service
under[, as applicable,] Article 45.049[, Article 45.0492, as added
by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B.
1964), Acts of the 82nd Legislature, Regular Session, 2011];
(3) waived in full or in part under Article 45.0491; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
(b-3) If a diversion is not required under Subchapter E or
Subsection (b-5), a [A] judge shall [may] allow a defendant who is a
child, as defined by Article 45.058(h), to elect at the time of
conviction, as defined by Section 133.101, Local Government Code,
to discharge the fine and costs by:
(1) performing community service or receiving
tutoring under Article 45.049 [45.0492, as added by Chapter 227
(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
or
(2) paying the fine and costs in a manner described by
Subsection (b).
(b-5) If a case involving a child who is eligible for
diversion under Article 45.304 results in a trial, on a finding of
guilt, without entering a judgment, sentence, or conviction, the
justice or judge shall order a diversion under Article 45.314 [The
requirement under Article 45.0492(a), as added by Chapter 227 (H.B.
350), Acts of the 82nd Legislature, Regular Session, 2011, that an
offense occur in a building or on the grounds of the primary or
secondary school at which the defendant was enrolled at the time of
the offense does not apply to the performance of community service
or the receipt of tutoring to discharge a fine or costs under
Subsection (b-3)(1)].
SECTION 7. Articles 45.049(a), (b), (c), (d), (f), and (i),
Code of Criminal Procedure, are amended to read as follows:
(a) A justice or judge may require a defendant who fails to
pay a previously assessed fine or costs, [or] who is determined by
the court to have insufficient resources or income to pay a fine or
costs, or who is a child and assessed a fine or costs to discharge
all or part of the fine or costs by performing community service. A
defendant may discharge an obligation to perform community service
under this article by paying at any time the fine and costs
assessed.
(b) In the justice's or judge's order requiring a defendant
to perform community service under this article, the justice or
judge must specify:
(1) the number of hours of community service the
defendant is required to perform, not to exceed 20 hours if the
defendant is a child; and
(2) the date by which the defendant must submit to the
court documentation verifying the defendant's completion of the
community service.
(c) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program;
(G) a tutoring program if the defendant is a
child; or
(H) [(G)] any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(d) A justice or judge may not order a defendant to perform
more than 16 hours per week of community service under this article
unless the justice or judge determines that requiring the defendant
to perform additional hours does not impose an undue hardship on the
defendant or the defendant's dependents, or if the defendant is a
child, on the defendant or the defendant's family. In this
subsection, "family" has the meaning assigned by Section 71.003,
Family Code.
(f) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant under this article or Subchapter E to perform community
service is not liable for damages arising from an act or failure to
act in connection with community service performed by a defendant
under this article or Subchapter E if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(i) A community supervision and corrections department, a
local juvenile probation department, or a court-related services
office may provide the administrative and other services necessary
for supervision of a defendant required to perform community
service under this article.
SECTION 8. Article 45.051(a-1), Code of Criminal Procedure,
is amended to read as follows:
(a-1) Notwithstanding any other provision of law, as an
alternative to requiring a defendant charged with one or more
offenses to make payment of all fines and court costs as required by
Subsection (a), the judge may:
(1) allow the defendant to enter into an agreement for
payment of those fines and costs in installments during the
defendant's period of probation;
(2) require an eligible defendant to discharge all or
part of those fines and costs by performing community service or
attending a tutoring program under Article 45.049 [or under Article
45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd
Legislature, Regular Session, 2011];
(3) waive all or part of those fines and costs under
Article 45.0491; or
(4) take any combination of actions authorized by
Subdivision (1), (2), or (3).
SECTION 9. Articles 45.056(a), (b), (d), (e), (g), and (h),
Code of Criminal Procedure, are amended to read as follows:
(a) On approval of the commissioners court, city council,
school district board of trustees, juvenile board, or other
appropriate authority, a county court, justice court, municipal
court, school district, juvenile probation department, or other
appropriate governmental entity may:
(1) employ a juvenile case manager or contract for a
juvenile case manager to provide services in cases involving:
(A) youth diversion under Subchapter E;
(B) children [juvenile offenders] who are before
a court consistent with the court's statutory powers; or
(C) children who are referred to a court by a
school administrator or designee for misconduct that would
otherwise be within the court's statutory powers prior to a case
being filed, with the consent of the juvenile and the juvenile's
parents or guardians;
(2) employ or contract for the services of one or more
juvenile case managers who:
(A) shall assist the court in administering the
court's juvenile docket and in supervising the court's orders in
juvenile cases; and
(B) may provide:
(i) prevention services to a child
considered at risk of entering the juvenile justice system; and
(ii) youth diversion [intervention]
services to juveniles engaged in misconduct before cases are filed,
excluding traffic offenses; or
(3) agree in accordance with Chapter 791, Government
Code, with any appropriate governmental entity to jointly employ a
juvenile case manager, jointly contract for juvenile case manager
services, or [to] jointly contribute to the costs of a juvenile case
manager or juvenile case manager [employed by one governmental
entity to provide] services described by Subdivisions (1) and (2).
(b) A local entity may apply or more than one local entity
may jointly apply to the criminal justice division of the
governor's office for reimbursement of all or part of the costs of
employing one or more juvenile case managers or contracting for
juvenile case manager services from funds appropriated to the
governor's office or otherwise available for purposes of youth
diversion [that purpose]. To be eligible for reimbursement, the
entity applying must present to the governor's office a
comprehensive plan to reduce juvenile crimes in the entity's
jurisdiction and a youth diversion plan under Article 45.306 that
addresses the role of the juvenile case manager in that effort.
(d) The court or governing body may pay from the local youth
diversion fund established under Section 134.156, Local Government
Code:
(1) the salary and benefits of a juvenile case
manager;
(2) the costs of contracting for juvenile case manager
services; and
(3) the costs of training, travel, office supplies,
and other necessary expenses relating to the position of the
juvenile case manager and juvenile case manager services [from the
local truancy prevention and diversion fund established under
Section 134.156, Local Government Code].
(e) A juvenile case manager [employed under Subsection (c)]
shall give priority to cases brought under Section [Sections]
25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
youth diversion under Subchapter E.
(g) A [The employing] court or governmental entity under
this article shall implement the rules adopted under Subsection
(f).
(h) The commissioners court or governing body of the
municipality that administers a local youth [truancy prevention
and] diversion fund under Section 134.156, Local Government Code,
shall require periodic review of juvenile case managers to ensure
the implementation of the rules adopted under Subsection (f).
SECTION 10. Article 45.056(c), Code of Criminal Procedure,
as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted and
amended to read as follows:
(c) An entity that jointly employs a juvenile case manager,
jointly contracts for juvenile case manager services, or jointly
contributes to the costs of a juvenile case manager or juvenile case
manager services under Subsection (a)(3) employs a juvenile case
manager for purposes of Chapter 102 of this code and Chapter 102,
Government Code.
SECTION 11. The heading to Article 102.014, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.014. FINES FOR CHILD SAFETY FUND [IN
MUNICIPALITIES].
SECTION 12. Articles 102.014(g) and (h), Code of Criminal
Procedure, are amended to read as follows:
(g) In a municipality with a population less than 850,000
according to the most recent federal decennial census, the money
collected under this article in a municipal court case must be used
for a school crossing guard program if the municipality operates
one. If the municipality does not operate a school crossing guard
program or if the money received from fines from municipal court
cases exceeds the amount necessary to fund the school crossing
guard program, the municipality may:
(1) deposit the additional money in an
interest-bearing account;
(2) expend the additional money for programs designed
to enhance child safety, health, or nutrition, including child
abuse prevention and intervention, youth diversion, and drug and
alcohol abuse prevention; or
(3) expend the additional money for programs designed
to enhance public safety and security.
(h) Money collected under this article in a justice, county,
or district court shall be used to fund school crossing guard
programs in the county where they are collected. If the county does
not operate a school crossing guard program, the county may:
(1) remit fine revenues to school districts in its
jurisdiction for the purpose of providing school crossing guard
services;
(2) fund programs the county is authorized by law to
provide which are designed to enhance child safety, health, or
nutrition, including child abuse prevention and intervention,
youth diversion, and drug and alcohol abuse prevention;
(3) provide funding to the sheriff's department for
school-related activities;
(4) provide funding to the county juvenile probation
department; or
(5) deposit the money in the general fund of the
county.
SECTION 13. Article 102.0171, Code of Criminal Procedure,
is amended by amending Subsections (a) and (c) and adding
Subsection (e) to read as follows:
(a) A defendant convicted of an offense under Section 28.08,
Penal Code, in a municipal court, justice court, county court,
county court at law, or district court shall pay a fine of $50 for
juvenile delinquency prevention and graffiti eradication.
(c) The clerks of the respective courts shall collect the
fines and pay the fines to the county treasurer, municipal
treasurer, or to any other official who discharges the duties
commonly delegated to the county or municipal treasurer for deposit
in a fund to be known as the county juvenile delinquency prevention
fund or municipal juvenile delinquency prevention fund. A fund
designated by this subsection may be used only to:
(1) repair damage caused by the commission of offenses
under Section 28.08, Penal Code;
(2) provide educational and intervention programs and
materials, including printed educational materials for
distribution to primary and secondary school students, designed to
prevent individuals from committing offenses under Section 28.08,
Penal Code;
(3) provide to the public rewards for identifying and
aiding in the apprehension and prosecution of offenders who commit
offenses under Section 28.08, Penal Code;
(4) provide funding for teen recognition and teen
recreation programs;
(5) provide funding for local teen court programs;
(6) provide funding for the local juvenile probation
department; [and]
(7) provide educational and intervention programs
designed to prevent juveniles from engaging in delinquent conduct;
and
(8) provide funding for youth diversion under
Subchapter E, Chapter 45.
(e) The municipal juvenile delinquency prevention fund
shall be administered by or under the direction of the governing
body of a municipality.
SECTION 14. Section 52.03(a), Family Code, is amended to
read as follows:
(a) A law-enforcement officer authorized by this title to
take a child into custody may dispose of the case of a child taken
into custody [or accused of a Class C misdemeanor, other than a
traffic offense,] without referral to juvenile court [or charging a
child in a court of competent criminal jurisdiction,] if:
(1) guidelines for such disposition have been adopted
by the juvenile board of the county in which the disposition is made
as required by Section 52.032;
(2) the disposition is authorized by the guidelines;
and
(3) the officer makes a written report of the officer's
disposition to the law-enforcement agency, identifying the child
and specifying the grounds for believing that the taking into
custody [or accusation of criminal conduct] was authorized.
SECTION 15. Section 52.031(a), Family Code, is amended to
read as follows:
(a) A juvenile board may establish a first offender program
under this section for the referral and disposition of children
taken into custody for [, or accused prior to the filing of a
criminal charge, of]:
(1) conduct indicating a need for supervision; or
(2) [a Class C misdemeanor, other than a traffic
offense; or
[(3)] delinquent conduct other than conduct that
constitutes:
(A) a felony of the first, second, or third
degree, an aggravated controlled substance felony, or a capital
felony; or
(B) a state jail felony or misdemeanor involving
violence to a person or the use or possession of a firearm,
location-restricted knife, or club, as those terms are defined by
Section 46.01, Penal Code, or a prohibited weapon, as described by
Section 46.05, Penal Code.
SECTION 16. Sections 52.031(d), (f), (i), and (j), Family
Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),
Acts of the 83rd Legislature, Regular Session, 2013, are reenacted
and amended to read as follows:
(d) A law enforcement officer taking a child into custody
[or accusing a child of an offense described in Subsection (a)(2)]
may refer the child to the law enforcement officer or agency
designated under Subsection (b) for disposition under the first
offender program and not refer the child to juvenile court [or a
court of competent criminal jurisdiction] only if:
(1) the child has not previously been adjudicated as
having engaged in delinquent conduct;
(2) the referral complies with guidelines for
disposition under Subsection (c); and
(3) the officer reports in writing the referral to the
agency, identifying the child and specifying the grounds for taking
the child into custody [or accusing a child of an offense described
in Subsection (a)(2)].
(f) The parent, guardian, or other custodian of the child
must receive notice that the child has been referred for
disposition under the first offender program. The notice must:
(1) state the grounds for taking the child into
custody [or accusing a child of an offense described in Subsection
(a)(2)];
(2) identify the law enforcement officer or agency to
which the child was referred;
(3) briefly describe the nature of the program; and
(4) state that the child's failure to complete the
program will result in the child being referred to the juvenile
court [or a court of competent criminal jurisdiction].
(i) The case of a child who successfully completes the first
offender program is closed and may not be referred to juvenile court
[or a court of competent criminal jurisdiction], unless the child
is taken into custody under circumstances described by Subsection
(j)(3).
(j) The case of a child referred for disposition under the
first offender program shall be referred to juvenile court [or a
court of competent criminal jurisdiction] if:
(1) the child fails to complete the program;
(2) the child or the parent, guardian, or other
custodian of the child terminates the child's participation in the
program before the child completes it; or
(3) the child completes the program but is taken into
custody under Section 52.01 before the 90th day after the date the
child completes the program for conduct other than the conduct for
which the child was referred to the first offender program.
SECTION 17. Section 264.302(e), Family Code, is amended to
read as follows:
(e) The department shall provide services for a child and
the child's family if a contract to provide services under this
section is available in the county and the child is referred to the
department as an at-risk child by:
(1) a juvenile court or probation department as part
of a progressive sanctions program under Chapter 59;
(2) a law enforcement officer or agency under Article
45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of
this code; or
(3) a justice or municipal court under Article 45.057,
45.313, or 45.314, Code of Criminal Procedure.
SECTION 18. Subchapter F, Chapter 102, Government Code, is
amended by adding Section 102.1011 to read as follows:
Sec. 102.1011. JUVENILE DELINQUENCY PREVENTION AND
GRAFFITI ERADICATION FINE ON CONVICTION IN JUSTICE COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a justice court shall collect from
a defendant a juvenile delinquency prevention and graffiti
eradication fine of $50 under Article 102.0171, Code of Criminal
Procedure, on conviction of an offense under Section 28.08, Penal
Code.
SECTION 19. Subchapter G, Chapter 102, Government Code, is
amended by adding Section 102.1211 to read as follows:
Sec. 102.1211. JUVENILE DELINQUENCY PREVENTION AND
GRAFFITI ERADICATION FINE ON CONVICTION IN MUNICIPAL COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a municipal court shall collect
from a defendant a juvenile delinquency prevention and graffiti
eradication fine of $50 under Article 102.0171, Code of Criminal
Procedure, on conviction of an offense under Section 28.08, Penal
Code.
SECTION 20. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.02102 to read as follows:
Sec. 103.02102. ADDITIONAL FEE FOR YOUTH DIVERSION: CODE OF
CRIMINAL PROCEDURE. A parent of a child participating in a
diversion program shall, if ordered by the court under Article
45.316, Code of Criminal Procedure, pay a fee of $30 to defray the
costs of youth diversion programs under Subchapter E, Chapter 45,
Code of Criminal Procedure.
SECTION 21. Section 133.102(e), Local Government Code, is
amended to read as follows:
(e) The comptroller shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) crime stoppers assistance account
0.2427 percent;
(2) breath alcohol testing account
0.3900 percent;
(3) Bill Blackwood Law Enforcement Management
Institute account
1.4741 percent;
(4) Texas Commission on Law Enforcement account
3.4418 percent;
(5) law enforcement and custodial officer supplement
retirement trust fund
7.2674 percent;
(6) criminal justice planning account
8.5748 percent;
(7) an account in the state treasury to be used only
for the establishment and operation of the Center for the Study and
Prevention of Juvenile Crime and Delinquency at Prairie View A&M
University
0.8540 percent;
(8) compensation to victims of crime account
24.6704 percent;
(9) emergency radio infrastructure account
3.6913 percent;
(10) judicial and court personnel training account
3.3224 percent;
(11) an account in the state treasury to be used for
the establishment and operation of the Correctional Management
Institute of Texas and Criminal Justice Center account [Account]
0.8522 percent;
(12) fair defense account
17.8857 percent;
(13) judicial fund
12.2667 percent;
(14) DNA testing account
0.1394 percent;
(15) specialty court account
1.0377 percent;
(16) statewide electronic filing system account
0.5485 percent;
(17) jury service fund
6.4090 percent;
(18) youth [truancy prevention and] diversion account
2.5956 percent; and
(19) transportation administrative fee account
4.3363 percent.
SECTION 22. Section 133.125, Local Government Code, is
amended to read as follows:
Sec. 133.125. ALLOCATION OF FEES TO YOUTH [TRUANCY
PREVENTION AND] DIVERSION ACCOUNT. (a) The youth [truancy
prevention and] diversion account is a dedicated account in the
general revenue fund. The account consists of money allocated to
the account under Section 133.102(e).
(b) The legislature may appropriate money from the youth
[truancy prevention and] diversion account only to the criminal
justice division of the governor's office for distribution to local
governmental entities for youth diversion [truancy prevention and
intervention] services.
(c) A local governmental entity may request funds from the
criminal justice division of the governor's office for providing
youth diversion [truancy prevention and intervention] services.
The division may award the requested funds based on the
availability of appropriated funds and subject to the application
procedure and eligibility requirements specified by division rule.
SECTION 23. Section 134.103(b), Local Government Code, is
amended to read as follows:
(b) The treasurer shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) the courthouse security fund or municipal court
building security fund, as appropriate
35 percent;
(2) the local youth [truancy prevention and] diversion
fund
35.7143 percent;
(3) the justice court technology fund or municipal
court technology fund, as appropriate
28.5714 percent; and
(4) the county or municipal jury fund, as appropriate
0.7143 percent.
SECTION 24. The heading to Section 134.156, Local
Government Code, is amended to read as follows:
Sec. 134.156. LOCAL YOUTH [TRUANCY PREVENTION AND]
DIVERSION FUND.
SECTION 25. Section 134.156(a), Local Government Code, is
amended to read as follows:
(a) Money allocated under Section 134.103 to the local youth
[truancy prevention and] diversion fund maintained in the county or
municipal treasury as required by Section 134.151 may be used by a
county or municipality to finance the salary, benefits, training,
travel expenses, office supplies, and other necessary expenses
relating to the position of a juvenile case manager employed or
contracted under Article 45.056, Code of Criminal Procedure. If
there is money in the fund after those costs are paid, subject to
the direction of the governing body of the county or municipality
and on approval by the employing court, a juvenile case manager may
direct the remaining money to be used to implement programs
directly related to the duties of the juvenile case manager,
including juvenile alcohol and substance abuse programs,
educational and leadership programs, and any other projects
designed to prevent or reduce the number of juvenile referrals to
the court.
SECTION 26. The following laws are repealed:
(1) Article 45.0492, Code of Criminal Procedure, as
added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011;
(2) Article 45.0492, Code of Criminal Procedure, as
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
Regular Session, 2011;
(3) Article 42.15(f), Code of Criminal Procedure; and
(4) Section 52.031(a-1), Family Code.
SECTION 27. Not later than September 1, 2022, each justice
and municipal court shall implement a youth diversion plan under
Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
this Act.
SECTION 28. The changes in law made by this Act apply only
to an offense committed on or after September 1, 2022. An offense
committed before September 1, 2022, is governed by the law in effect
on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before September 1, 2022, if any element of
the offense occurred before that date.
SECTION 29. This Act takes effect September 1, 2021.