Texas 2023 - 88th Regular

Texas House Bill HB3186 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 3186
2	2
3	3
4	4	AN ACT
5	5	relating to youth diversion strategies and procedures for children
6	6	accused of certain fine-only offenses in municipal and justice
7	7	courts and related criminal justice matters; authorizing fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Texas Youth
10	10	Diversion and Early Intervention Act.
11	11	SECTION 2. 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) "Court" means a justice court, municipal court, or
21	21	other court subject to this chapter.
22	22	(4) "Diversion" means an intervention strategy that
23	23	redirects a child from formal criminal prosecution and holds the
24	24	child accountable for the child's actions. The term includes
25	25	diversion under Article 45.309 or 45.310.
26	26	(5) "Offense" means a misdemeanor punishable by fine
27	27	only, other than a traffic offense.
28	28	(6) "Parent" has the meaning assigned by Article
29	29	45.057(a).
30	30	(7) "Service provider" means a governmental agency,
31	31	political subdivision, open-enrollment charter school, nonprofit
32	32	organization, or other entity that provides services to children or
33	33	families.
34	34	(8) "Youth diversion plan" means a plan adopted under
35	35	Article 45.306.
36	36	Art. 45.302. APPLICABILITY. This subchapter applies only
37	37	to a child who is alleged to have engaged in conduct that
38	38	constitutes a misdemeanor punishable by fine only, other than a
39	39	traffic offense.
40	40	Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED.
41	41	Nothing in this subchapter precludes:
42	42	(1) a case involving a child from being referred,
43	43	adjudicated, or disposed of as conduct indicating a need for
44	44	supervision under Title 3, Family Code; or
45	45	(2) a waiver of criminal jurisdiction and transfer of
46	46	a child's case as provided by Section 51.08, Family Code.
47	47	Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as
48	48	otherwise provided by this subchapter, a child shall be diverted
49	49	from formal criminal prosecution as provided by this subchapter.
50	50	(b) A child is eligible to enter into a diversion agreement
51	51	under this subchapter only once every 365 days.
52	52	(c) A child is not eligible for diversion if the child has
53	53	previously had an unsuccessful diversion under this subchapter.
54	54	(d) A child is not eligible for diversion if a diversion is
55	55	objected to by the attorney representing the state.
56	56	(e) A court may not divert a child from criminal prosecution
57	57	as provided by this subchapter without the written consent of the
58	58	child and the child's parent.
59	59	Art. 45.305. DIVERSION STRATEGIES. (a) Diversion
60	60	strategies include:
61	61	(1) requiring a child to participate in a program,
62	62	including:
63	63	(A) a court-approved teen court program operated
64	64	by a service provider;
65	65	(B) a school-related program;
66	66	(C) an educational program, including an alcohol
67	67	awareness program, a tobacco awareness program, or a drug education
68	68	program;
69	69	(D) a rehabilitation program; or
70	70	(E) a self-improvement program, including a
71	71	program relating to self-esteem, leadership, self-responsibility,
72	72	empathy, parenting, parental responsibility, manners, violence
73	73	avoidance, anger management, life skills, wellness, or dispute
74	74	resolution;
75	75	(2) referring a child to a service provider for
76	76	services, including:
77	77	(A) at-risk youth services under Subchapter D,
78	78	Chapter 264, Family Code;
79	79	(B) juvenile case manager services under Article
80	80	45.056;
81	81	(C) work and job skills training, including job
82	82	interviewing and work preparation;
83	83	(D) academic monitoring or tutoring, including
84	84	preparation for a high school equivalency examination administered
85	85	under Section 7.111, Education Code;
86	86	(E) community-based services;
87	87	(F) mental health screening and clinical
88	88	assessment;
89	89	(G) counseling, including private or in-school
90	90	counseling; or
91	91	(H) mentoring services;
92	92	(3) requiring a child to:
93	93	(A) participate in mediation or other dispute
94	94	resolution processes;
95	95	(B) submit to alcohol or drug testing; or
96	96	(C) substantially comply with a course of
97	97	treatment prescribed by a physician or other licensed medical or
98	98	mental health professional; and
99	99	(4) requiring a child, by court order, to:
100	100	(A) pay restitution not to exceed $100 for an
101	101	offense against property under Title 7, Penal Code;
102	102	(B) perform not more than 20 hours of community
103	103	service; or
104	104	(C) perform any other reasonable action
105	105	determined by the court.
106	106	(b) A diversion strategy may be imposed under:
107	107	(1) an intermediate diversion under Article 45.309;
108	108	(2) a diversion by a justice or judge under Article
109	109	45.310; or
110	110	(3) a system of graduated sanctions for certain school
111	111	offenses under Section 37.144, Education Code.
112	112	(c) A diversion strategy under this subchapter may not
113	113	require a child who is a home-schooled student, as defined by
114	114	Section 29.916, Education Code, to:
115	115	(1) attend an elementary or secondary school; or
116	116	(2) use an educational curriculum other than the
117	117	curriculum selected by the parent.
118	118	Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion
119	119	plan is a written plan that describes the types of strategies that
120	120	will be used to implement youth diversion. A youth diversion plan
121	121	does not limit the types of diversion strategies that may be imposed
122	122	under a diversion agreement under Article 45.308.
123	123	(b) Each justice and municipal court shall adopt a youth
124	124	diversion plan.
125	125	(c) A youth diversion plan may be devised for a county or
126	126	municipality or an individual court within a county or
127	127	municipality.
128	128	(d) In accordance with Chapter 791, Government Code, a local
129	129	government may enter into an agreement with one or more local
130	130	governments to create a regional youth diversion plan and
131	131	collaborate in the implementation of this subchapter.
132	132	(e) A youth diversion plan may include an agreement with a
133	133	service provider to provide services for a diversion strategy.
134	134	(f) A youth diversion plan may contain guidelines for
135	135	disposition or diversion of a child's case by law enforcement. The
136	136	guidelines are not mandatory.
137	137	(g) A current youth diversion plan must be maintained on
138	138	file for public inspection in each justice and municipal court,
139	139	including courts that collaborate with one or more counties or
140	140	municipalities.
141	141	(h) A court or local government may adopt rules necessary to
142	142	coordinate services under a youth diversion plan or to implement
143	143	this subchapter.
144	144	Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may
145	145	designate a youth diversion coordinator to assist the court in:
146	146	(1) determining whether a child is eligible for
147	147	diversion;
148	148	(2) employing a diversion strategy authorized by this
149	149	subchapter;
150	150	(3) presenting and maintaining diversion agreements;
151	151	(4) monitoring diversions;
152	152	(5) maintaining records regarding whether one or more
153	153	diversions were successful or unsuccessful; and
154	154	(6) coordinating referrals to court.
155	155	(b) The responsibilities of the youth diversion coordinator
156	156	may be performed by:
157	157	(1) a court administrator or court clerk, or a person
158	158	who regularly performs the duties of court administrator or court
159	159	clerk;
160	160	(2) an individual or entity that provides juvenile
161	161	case manager services under Article 45.056;
162	162	(3) a court-related services office;
163	163	(4) a community supervision and corrections
164	164	department, including a juvenile probation department;
165	165	(5) a county or municipal employee, including a peace
166	166	officer;
167	167	(6) a community volunteer;
168	168	(7) an institution of higher education, including a
169	169	public, private, or independent institution of higher education; or
170	170	(8) a qualified nonprofit organization as determined
171	171	by the court.
172	172	Art. 45.308. DIVERSION AGREEMENT. (a) A diversion
173	173	agreement must identify the parties to the agreement and the
174	174	responsibilities of the child and the child's parent to ensure
175	175	their meaningful participation in a diversion under Article 45.309
176	176	or 45.310.
177	177	(b) Stated objectives in a diversion agreement must be
178	178	measurable, realistic, and reasonable and consider the
179	179	circumstances of the child, the best interests of the child, and the
180	180	long-term safety of the community.
181	181	(c) A diversion agreement must include:
182	182	(1) the terms of the agreement, including one or more
183	183	diversions required to be completed by the child, written in a clear
184	184	and concise manner and identifying any offense or charge being
185	185	diverted;
186	186	(2) possible outcomes or consequences of a successful
187	187	diversion and an unsuccessful diversion;
188	188	(3) an explanation that participation in a diversion
189	189	is not an admission of guilt and a guilty plea is not required to
190	190	participate in a diversion;
191	191	(4) an explanation of the process that will be used for
192	192	reviewing and monitoring compliance with the terms of the
193	193	agreement;
194	194	(5) the period of the diversion;
195	195	(6) a verification that:
196	196	(A) the child and the child's parent were
197	197	notified of the child's rights, including the right to refuse
198	198	diversion; and
199	199	(B) the child knowingly and voluntarily consents
200	200	to participate in the diversion; and
201	201	(7) written acknowledgment and acceptance of the
202	202	agreement by the child and the child's parent.
203	203	(d) The terms of an agreement may vary depending on the
204	204	circumstances of the child, including the child's age and ability,
205	205	the charge being diverted, or the diversion strategy used.
206	206	(e) A charge may not be filed against a child or, if filed,
207	207	shall be dismissed by the court if the child:
208	208	(1) does not contest the charge;
209	209	(2) is eligible for diversion under Article 45.304;
210	210	and
211	211	(3) accepts the terms of the agreement.
212	212	(f) Entering into a diversion agreement under this article
213	213	extends the court's jurisdiction for the term of the agreement.
214	214	(g) On entering into a diversion agreement, a copy of the
215	215	agreement shall be provided to the child and the child's parent, the
216	216	clerk of the court, a youth diversion coordinator, and any person
217	217	specified by the youth diversion plan.
218	218	Art. 45.309. INTERMEDIATE DIVERSION. (a) If provided by a
219	219	youth diversion plan, a youth diversion coordinator or juvenile
220	220	case manager shall advise the child and the child's parent before a
221	221	case is filed that the case may be diverted under this article for a
222	222	reasonable period not to exceed 180 days if:
223	223	(1) the child is eligible for diversion under Article
224	224	45.304;
225	225	(2) diversion is in the best interests of the child and
226	226	promotes the long-term safety of the community;
227	227	(3) the child and the child's parent consent to
228	228	diversion with the knowledge that diversion is optional; and
229	229	(4) the child and the child's parent are informed that
230	230	they may terminate the diversion at any time and, if terminated, the
231	231	case will be referred to court.
232	232	(b) The terms of a diversion agreement under this article
233	233	must be in writing and may include any of the diversion strategies
234	234	under Article 45.305.
235	235	(c) The case of a child who successfully complies with the
236	236	terms of a diversion agreement under this article shall be closed
237	237	and reported as successful to the court.
238	238	(d) A child who does not comply with the terms of a diversion
239	239	agreement under this article shall be referred to court under
240	240	Article 45.311.
241	241	Art. 45.310. DIVERSION BY JUSTICE OR JUDGE. (a) If a
242	242	charge involving a child who is eligible for diversion is filed with
243	243	a court, a justice or judge shall divert the case under this article
244	244	as follows:
245	245	(1) if the child does not contest the charge, a justice
246	246	or judge shall divert the case under this article without the child
247	247	having to enter a plea; or
248	248	(2) if the child contests the charge, a justice or
249	249	judge shall divert the case under this article at the conclusion of
250	250	trial on a finding of guilt without entering a judgment of
251	251	conviction as provided by Article 45.041.
252	252	(b) A diversion under this article may not exceed 180 days.
253	253	(c) The terms of a diversion agreement under this article
254	254	must be in writing and may include any of the diversion strategies
255	255	described by Article 45.305.
256	256	(d) The case of a child who successfully complies with the
257	257	terms of a diversion agreement under this article shall be closed
258	258	and reported as successful to the court.
259	259	(e) A child who does not comply with the terms of a diversion
260	260	agreement under this article shall be referred to court for a
261	261	hearing under Article 45.311.
262	262	Art. 45.311. REFERRAL TO COURT. (a) A court shall conduct
263	263	a non-adversarial hearing for a child who does not successfully
264	264	complete the terms of a diversion under Article 45.309 or 45.310 and
265	265	is referred to the court.
266	266	(b) The hearing is an opportunity for a justice or judge to
267	267	confer with the child and the child's parent to determine whether a
268	268	diversion should be declared unsuccessful by the court. The court
269	269	may also hear from any person who may be of assistance to the child
270	270	or the court in determining what is in the best interests of the
271	271	child and the long-term safety of the community.
272	272	(c) After the hearing, a court may enter an order:
273	273	(1) amending or setting aside terms in the diversion
274	274	agreement;
275	275	(2) extending the diversion for a period not to exceed
276	276	one year from the initial start date of the diversion;
277	277	(3) issuing a continuance for the hearing for a period
278	278	not to exceed 60 days to allow an opportunity for compliance with
279	279	the terms of the diversion;
280	280	(4) subject to Subsection (d), requiring the child's
281	281	parent to perform any act or refrain from performing any act as the
282	282	court determines will increase the likelihood the child will
283	283	successfully complete the diversion and comply with any other order
284	284	of the court that is reasonable and necessary for the welfare of the
285	285	child;
286	286	(5) finding the diversion successful on the basis of
287	287	substantial compliance; or
288	288	(6) finding the diversion unsuccessful and:
289	289	(A) transferring the child to juvenile court for
290	290	alleged conduct indicating a need for supervision under Section
291	291	51.08, Family Code; or
292	292	(B) referring the charge to the prosecutor for
293	293	consideration of re-filing.
294	294	(d) An order under Subsection (c)(4) may not have the
295	295	substantive effect of interfering with a parent's fundamental right
296	296	to determine how to raise the parent's child, unless the court finds
297	297	that the interference is necessary to prevent significant
298	298	impairment of the child's physical, mental, or emotional health.
299	299	(e) An order under Subsection (c)(4) is enforceable against
300	300	the parent by contempt.
301	301	(f) The statute of limitations in Article 12.02(b) is tolled
302	302	during the diversion period for purposes of Subsection (c)(6)(B).
303	303	Art. 45.312. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
304	304	(a) The clerk of a justice or municipal court may collect from a
305	305	child's parent a $50 administrative fee to defray the costs of the
306	306	diversion of the child's case under this subchapter.
307	307	(b) The fee under this article may not be collected unless
308	308	specified as a term of the diversion agreement accepted by the
309	309	child's parent. If the fee is not paid after giving the child's
310	310	parent an opportunity to be heard, the court shall order the parent,
311	311	if financially able, to pay the fee to the clerk of the court.
312	312	(c) A court shall waive the fee if the child's parent is
313	313	indigent or does not have sufficient resources or income to pay the
314	314	fee.
315	315	(d) A court may adopt rules for the waiver of a fee for
316	316	financial hardship under this article.
317	317	(e) An order under Subsection (b) is enforceable against the
318	318	parent by contempt.
319	319	(f) The clerk of the court shall keep a record of the fees
320	320	collected under this article and shall forward the funds to the
321	321	county treasurer, municipal treasurer, or person fulfilling the
322	322	role of a county treasurer or municipal treasurer, as appropriate.
323	323	(g) The fee collected under this article shall be deposited
324	324	in a special account that can be used only to offset the cost of the
325	325	operations of youth diversion programs under this subchapter.
326	326	(h) Except for the fee authorized under Subsection (a), a
327	327	fee may not be assessed for a child diverted under this subchapter.
328	328	(i) The diversion of a child may not be contingent on
329	329	payment of a fee under this article.
330	330	Art. 45.313. DIVERSION RECORDS. (a) A justice or
331	331	municipal court shall maintain statistics for each diversion
332	332	strategy authorized by this subchapter.
333	333	(b) Other than statistical records, all records generated
334	334	under this subchapter are confidential under Article 45.0217.
335	335	(c) All records of a diversion pertaining to a child under
336	336	this subchapter shall be expunged without the requirement of a
337	337	motion or request, on the child's 18th birthday.
338	338	SECTION 3. Article 45.0215(a), Code of Criminal Procedure,
339	339	is amended to read as follows:
340	340	(a) Subject to the requirements of Subchapter E, this [This]
341	341	article applies to a defendant who has not had the disabilities of
342	342	minority removed and has been:
343	343	(1) charged with an offense other than an offense
344	344	under Section 43.261, Penal Code, if the defendant is younger than
345	345	17 years of age; or
346	346	(2) charged with an offense under Section 43.261,
347	347	Penal Code, if the defendant is younger than 18 years of age.
348	348	SECTION 4. Article 45.041, Code of Criminal Procedure, is
349	349	amended by adding Subsection (a-2) and amending Subsection (b-3) to
350	350	read as follows:
351	351	(a-2) In a case involving a child who is eligible for
352	352	diversion under Article 45.304 that results in a trial, if the court
353	353	determines that the evidence presented in a bench trial would
354	354	support a finding of guilt, or if a jury returns a verdict of
355	355	guilty, the court shall provide the child and the child's parents
356	356	the opportunity to accept placement in diversion, under Article
357	357	45.310, instead of entering an adjudication of guilt. If the child
358	358	and the child's parents accept the opportunity for placement in
359	359	diversion under Article 45.310, the court shall place the child in
360	360	diversion. If the child and the child's parents decline the
361	361	opportunity for placement in diversion under Article 45.310, the
362	362	court shall find the child guilty and proceed to sentencing.
363	363	(b-3) If a diversion is not required under Subchapter E or
364	364	Subsection (a-2), a [A] judge shall [may] allow a defendant who is a
365	365	child, as defined by Article 45.058(h), to elect at the time of
366	366	conviction, as defined by Section 133.101, Local Government Code,
367	367	to discharge the fine and costs by:
368	368	(1) performing community service or receiving
369	369	tutoring under Article 45.049 [45.0492, as added by Chapter 227
370	370	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
371	371	or
372	372	(2) paying the fine and costs in a manner described by
373	373	Subsection (b).
374	374	SECTION 5. Articles 45.049(f) and (i), Code of Criminal
375	375	Procedure, are amended to read as follows:
376	376	(f) A sheriff, employee of a sheriff's department, county
377	377	commissioner, county employee, county judge, justice of the peace,
378	378	municipal court judge, or officer or employee of a political
379	379	subdivision other than a county or an entity that accepts a
380	380	defendant under this article or Subchapter E to perform community
381	381	service is not liable for damages arising from an act or failure to
382	382	act in connection with community service performed by a defendant
383	383	under this article or Subchapter E if the act or failure to act:
384	384	(1) was performed pursuant to court order; and
385	385	(2) was not intentional, wilfully or wantonly
386	386	negligent, or performed with conscious indifference or reckless
387	387	disregard for the safety of others.
388	388	(i) A community supervision and corrections department, a
389	389	local juvenile probation department, or a court-related services
390	390	office may provide the administrative and other services necessary
391	391	for supervision of a defendant required to perform community
392	392	service under this article.
393	393	SECTION 6. Articles 45.056(a), (b), (d), (g), and (h), Code
394	394	of Criminal Procedure, are amended to read as follows:
395	395	(a) On approval of the commissioners court, city council,
396	396	school district board of trustees, juvenile board, or other
397	397	appropriate authority, a county court, justice court, municipal
398	398	court, school district, juvenile probation department, or other
399	399	appropriate governmental entity may:
400	400	(1) employ a juvenile case manager or contract for a
401	401	juvenile case manager to provide services in cases involving:
402	402	(A) youth diversion under Subchapter E;
403	403	(B) children [juvenile offenders] who are before
404	404	a court consistent with the court's statutory powers; or
405	405	(C) children who are referred to a court by a
406	406	school administrator or designee for misconduct that would
407	407	otherwise be within the court's statutory powers prior to a case
408	408	being filed, with the consent of the juvenile and the juvenile's
409	409	parents or guardians;
410	410	(2) employ or contract for the services of one or more
411	411	juvenile case managers who:
412	412	(A) shall assist the court in administering the
413	413	court's juvenile docket and in supervising the court's orders in
414	414	juvenile cases; and
415	415	(B) may provide:
416	416	(i) prevention services to a child
417	417	considered at risk of entering the juvenile justice system; and
418	418	(ii) youth diversion [intervention]
419	419	services to juveniles engaged in misconduct before cases are filed,
420	420	excluding traffic offenses; or
421	421	(3) agree in accordance with Chapter 791, Government
422	422	Code, with any appropriate governmental entity to jointly employ a
423	423	juvenile case manager, jointly contract for juvenile case manager
424	424	services, or [to] jointly contribute to the costs of a juvenile case
425	425	manager or juvenile case manager [employed by one governmental
426	426	entity to provide] services described by Subdivisions (1) and (2).
427	427	(b) A local entity may apply or more than one local entity
428	428	may jointly apply to the criminal justice division of the
429	429	governor's office for reimbursement of all or part of the costs of
430	430	employing one or more juvenile case managers or contracting for
431	431	juvenile case manager services from funds appropriated to the
432	432	governor's office or otherwise available for purposes of youth
433	433	diversion [that purpose]. To be eligible for reimbursement, the
434	434	entity applying must present to the governor's office a
435	435	comprehensive plan to reduce juvenile crimes in the entity's
436	436	jurisdiction and a youth diversion plan under Article 45.306 that
437	437	addresses the role of the juvenile case manager in that effort.
438	438	(d) The court or governing body may pay from the local youth
439	439	diversion fund established under Section 134.156, Local Government
440	440	Code:
441	441	(1) the salary and benefits of a juvenile case
442	442	manager;
443	443	(2) the costs of contracting for juvenile case manager
444	444	services; and
445	445	(3) the costs of training, travel, office supplies,
446	446	and other necessary expenses relating to the position of the
447	447	juvenile case manager and juvenile case manager services [from the
448	448	local truancy prevention and diversion fund established under
449	449	Section 134.156, Local Government Code].
450	450	(g) A [The employing] court or governmental entity under
451	451	this article shall implement the rules adopted under Subsection
452	452	(f).
453	453	(h) The commissioners court or governing body of the
454	454	municipality that administers a local youth [truancy prevention
455	455	and] diversion fund under Section 134.156, Local Government Code,
456	456	shall require periodic review of juvenile case managers to ensure
457	457	the implementation of the rules adopted under Subsection (f).
458	458	SECTION 7. Article 45.056(c), Code of Criminal Procedure,
459	459	as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
460	460	the 83rd Legislature, Regular Session, 2013, is reenacted and
461	461	amended to read as follows:
462	462	(c) An entity that jointly employs a juvenile case manager,
463	463	jointly contracts for juvenile case manager services, or jointly
464	464	contributes to the costs of a juvenile case manager or juvenile case
465	465	manager services under Subsection (a)(3) employs a juvenile case
466	466	manager for purposes of Chapter 102 of this code and Chapter 102,
467	467	Government Code.
468	468	SECTION 8. Article 45.056(e), Code of Criminal Procedure,
469	469	as amended by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature,
470	470	Regular Session, 2011, and repealed by Chapter 1098 (S.B. 1489),
471	471	Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
472	472	and amended to read as follows:
473	473	(e) A juvenile case manager [employed under Subsection (c)]
474	474	shall give priority to cases brought under Section [Sections]
475	475	25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
476	476	youth diversion under Subchapter E of this chapter.
477	477	SECTION 9. The heading to Article 102.014, Code of Criminal
478	478	Procedure, is amended to read as follows:
479	479	Art. 102.014. FINES FOR CHILD SAFETY FUND [IN
480	480	MUNICIPALITIES].
481	481	SECTION 10. Articles 102.014(g) and (h), Code of Criminal
482	482	Procedure, are amended to read as follows:
483	483	(g) In a municipality with a population less than 850,000
484	484	according to the most recent federal decennial census, the money
485	485	collected under this article in a municipal court case must be used
486	486	for a school crossing guard program if the municipality operates
487	487	one. If the municipality does not operate a school crossing guard
488	488	program or if the money received from fines from municipal court
489	489	cases exceeds the amount necessary to fund the school crossing
490	490	guard program, the municipality may:
491	491	(1) deposit the additional money in an
492	492	interest-bearing account;
493	493	(2) expend the additional money for programs designed
494	494	to enhance child safety, health, or nutrition, including child
495	495	abuse prevention and intervention, youth diversion, and drug and
496	496	alcohol abuse prevention; or
497	497	(3) expend the additional money for programs designed
498	498	to enhance public safety and security.
499	499	(h) Money collected under this article in a justice, county,
500	500	or district court shall be used to fund school crossing guard
501	501	programs in the county where they are collected. If the county does
502	502	not operate a school crossing guard program, the county may:
503	503	(1) remit fine revenues to school districts in its
504	504	jurisdiction for the purpose of providing school crossing guard
505	505	services;
506	506	(2) fund programs the county is authorized by law to
507	507	provide which are designed to enhance child safety, health, or
508	508	nutrition, including child abuse prevention and intervention,
509	509	youth diversion, and drug and alcohol abuse prevention;
510	510	(3) provide funding to the sheriff's department for
511	511	school-related activities;
512	512	(4) provide funding to the county juvenile probation
513	513	department; or
514	514	(5) deposit the money in the general fund of the
515	515	county.
516	516	SECTION 11. Article 102.0171, Code of Criminal Procedure,
517	517	is amended by amending Subsections (a) and (c) and adding
518	518	Subsection (e) to read as follows:
519	519	(a) A defendant convicted of an offense under Section 28.08,
520	520	Penal Code, in a municipal court, justice court, county court,
521	521	county court at law, or district court shall pay a fine of $50 for
522	522	juvenile delinquency prevention and graffiti eradication.
523	523	(c) The clerks of the respective courts shall collect the
524	524	fines and pay the fines to the county treasurer, municipal
525	525	treasurer, or to any other official who discharges the duties
526	526	commonly delegated to the county or municipal treasurer for deposit
527	527	in a fund to be known as the county juvenile delinquency prevention
528	528	fund or municipal juvenile delinquency prevention fund. A fund
529	529	designated by this subsection may be used only to:
530	530	(1) repair damage caused by the commission of offenses
531	531	under Section 28.08, Penal Code;
532	532	(2) provide educational and intervention programs and
533	533	materials, including printed educational materials for
534	534	distribution to primary and secondary school students, designed to
535	535	prevent individuals from committing offenses under Section 28.08,
536	536	Penal Code;
537	537	(3) provide to the public rewards for identifying and
538	538	aiding in the apprehension and prosecution of offenders who commit
539	539	offenses under Section 28.08, Penal Code;
540	540	(4) provide funding for teen recognition and teen
541	541	recreation programs;
542	542	(5) provide funding for local teen court programs;
543	543	(6) provide funding for the local juvenile probation
544	544	department; [and]
545	545	(7) provide educational and intervention programs
546	546	designed to prevent juveniles from engaging in delinquent conduct;
547	547	and
548	548	(8) provide funding for youth diversion under
549	549	Subchapter E, Chapter 45.
550	550	(e) The municipal juvenile delinquency prevention fund
551	551	shall be administered by or under the direction of the governing
552	552	body of a municipality.
553	553	SECTION 12. Section 264.302(e), Family Code, is amended to
554	554	read as follows:
555	555	(e) The department shall provide services for a child and
556	556	the child's family if a contract to provide services under this
557	557	section is available in the county and the child is referred to the
558	558	department as an at-risk child by:
559	559	(1) a juvenile court or probation department as part
560	560	of a progressive sanctions program under Chapter 59;
561	561	(2) a law enforcement officer or agency under Section
562	562	52.03; or
563	563	(3) a justice or municipal court under Article 45.057,
564	564	45.309, or 45.310, Code of Criminal Procedure.
565	565	SECTION 13. Section 22.1105(a), Government Code, is amended
566	566	to read as follows:
567	567	(a) Each judge of a court with jurisdiction to hear a
568	568	complaint against a child alleging a violation of a misdemeanor
569	569	offense punishable by fine only, other than a traffic offense or
570	570	public intoxication or a violation of a penal ordinance of a
571	571	political subdivision other than a traffic offense, shall complete
572	572	a course of instruction related to youth diversion and
573	573	understanding relevant issues of child welfare, including issues
574	574	related to mental health and children with disabilities, [and the
575	575	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
576	576	et seq.)] every judicial academic year that ends in a 0 or a 5.
577	577	SECTION 14. Section 133.102(e), Local Government Code, is
578	578	amended to read as follows:
579	579	(e) The comptroller shall allocate the court costs received
580	580	under this section to the following accounts and funds so that each
581	581	receives to the extent practicable, utilizing historical data as
582	582	applicable, the same amount of money the account or fund would have
583	583	received if the court costs for the accounts and funds had been
584	584	collected and reported separately, except that the account or fund
585	585	may not receive less than the following percentages:
586	586	(1) crime stoppers assistance account
587	587	0.2427 percent;
588	588	(2) breath alcohol testing account
589	589	0.3900 percent;
590	590	(3) Bill Blackwood Law Enforcement Management
591	591	Institute account
592	592	1.4741 percent;
593	593	(4) Texas Commission on Law Enforcement account
594	594	3.4418 percent;
595	595	(5) law enforcement and custodial officer supplement
596	596	retirement trust fund
597	597	7.2674 percent;
598	598	(6) criminal justice planning account
599	599	8.5748 percent;
600	600	(7) an account in the state treasury to be used only
601	601	for the establishment and operation of the Center for the Study and
602	602	Prevention of Juvenile Crime and Delinquency at Prairie View A&M
603	603	University
604	604	0.8540 percent;
605	605	(8) compensation to victims of crime account
606	606	24.6704 percent;
607	607	(9) emergency radio infrastructure account
608	608	3.6913 percent;
609	609	(10) judicial and court personnel training account
610	610	3.3224 percent;
611	611	(11) an account in the state treasury to be used for
612	612	the establishment and operation of the Correctional Management
613	613	Institute of Texas and Criminal Justice Center account [Account]
614	614	0.8522 percent;
615	615	(12) fair defense account
616	616	17.8857 percent;
617	617	(13) judicial fund
618	618	12.2667 percent;
619	619	(14) DNA testing account
620	620	0.1394 percent;
621	621	(15) specialty court account
622	622	1.0377 percent;
623	623	(16) statewide electronic filing system account
624	624	0.5485 percent;
625	625	(17) jury service fund
626	626	6.4090 percent;
627	627	(18) youth [truancy prevention and] diversion account
628	628	2.5956 percent; and
629	629	(19) transportation administrative fee account
630	630	4.3363 percent.
631	631	SECTION 15. Section 133.125, Local Government Code, is
632	632	amended to read as follows:
633	633	Sec. 133.125. ALLOCATION OF FEES TO YOUTH [TRUANCY
634	634	PREVENTION AND] DIVERSION ACCOUNT. (a) The youth [truancy
635	635	prevention and] diversion account is a dedicated account in the
636	636	general revenue fund. The account consists of money allocated to
637	637	the account under Section 133.102(e).
638	638	(b) The legislature may appropriate money from the youth
639	639	[truancy prevention and] diversion account only to the criminal
640	640	justice division of the governor's office for distribution to local
641	641	governmental entities for youth diversion [truancy prevention and
642	642	intervention] services.
643	643	(c) A local governmental entity may request funds from the
644	644	criminal justice division of the governor's office for providing
645	645	youth diversion [truancy prevention and intervention] services.
646	646	The division may award the requested funds based on the
647	647	availability of appropriated funds and subject to the application
648	648	procedure and eligibility requirements specified by division rule.
649	649	SECTION 16. Section 134.103(b), Local Government Code, is
650	650	amended to read as follows:
651	651	(b) The treasurer shall allocate the court costs received
652	652	under this section to the following accounts and funds so that each
653	653	receives to the extent practicable, utilizing historical data as
654	654	applicable, the same amount of money the account or fund would have
655	655	received if the court costs for the accounts and funds had been
656	656	collected and reported separately, except that the account or fund
657	657	may not receive less than the following percentages:
658	658	(1) the courthouse security fund or municipal court
659	659	building security fund, as appropriate
660	660	35 percent;
661	661	(2) the local youth [truancy prevention and] diversion
662	662	fund
663	663	35.7143 percent;
664	664	(3) the justice court technology fund or municipal
665	665	court technology fund, as appropriate
666	666	28.5714 percent; and
667	667	(4) the county or municipal jury fund, as appropriate
668	668	0.7143 percent.
669	669	SECTION 17. The heading to Section 134.156, Local
670	670	Government Code, is amended to read as follows:
671	671	Sec. 134.156. LOCAL YOUTH [TRUANCY PREVENTION AND]
672	672	DIVERSION FUND.
673	673	SECTION 18. Section 134.156, Local Government Code, is
674	674	amended by amending Subsection (a) and adding Subsection (a-1) to
675	675	read as follows:
676	676	(a) In a county or municipality that employs or contracts
677	677	with a juvenile case manager under Article 45.056, Code of Criminal
678	678	Procedure, money [Money] allocated under Section 134.103 to the
679	679	local youth [truancy prevention and] diversion fund maintained in
680	680	the county or municipal treasury as required by Section 134.151 may
681	681	be used by a county or municipality to finance the salary, benefits,
682	682	training, travel expenses, office supplies, and other necessary
683	683	expenses relating to the position of a juvenile case manager
684	684	[employed under Article 45.056, Code of Criminal Procedure]. If
685	685	there is money in the fund after those costs are paid, subject to
686	686	the direction of the governing body of the county or municipality
687	687	and on approval by the employing court, a juvenile case manager may
688	688	direct the remaining money to be used to implement programs
689	689	directly related to the duties of the juvenile case manager,
690	690	including juvenile alcohol and substance abuse programs,
691	691	educational and leadership programs, and any other projects
692	692	designed to prevent or reduce the number of juvenile referrals to
693	693	the court.
694	694	(a-1) In a county or municipality that does not employ or
695	695	contract with a juvenile case manager, the governing body of the
696	696	county or municipality, in consultation with the court, may direct
697	697	money described by Subsection (a) to be used for the support of a
698	698	local mental health authority, juvenile alcohol and substance abuse
699	699	programs, educational and leadership programs, teen court
700	700	programs, and any other project designed to prevent or reduce the
701	701	number of juvenile referrals to the court.
702	702	SECTION 19. Not later than January 1, 2025, each justice and
703	703	municipal court shall implement a youth diversion plan under
704	704	Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
705	705	this Act.
706	706	SECTION 20. The changes in law made by this Act apply only
707	707	to an offense committed on or after January 1, 2025. An offense
708	708	committed before January 1, 2025, is governed by the law in effect
709	709	on the date the offense was committed, and the former law is
710	710	continued in effect for that purpose. For purposes of this section,
711	711	an offense was committed before January 1, 2025, if any element of
712	712	the offense occurred before that date.
713	713	SECTION 21. This Act takes effect January 1, 2024.
714	714	______________________________ ______________________________
715	715	President of the Senate Speaker of the House
716	716	I certify that H.B. No. 3186 was passed by the House on May 9,
717	717	2023, by the following vote: Yeas 135, Nays 2, 2 present, not
718	718	voting.
719	719	______________________________
720	720	Chief Clerk of the House
721	721	I certify that H.B. No. 3186 was passed by the Senate on May
722	722	18, 2023, by the following vote: Yeas 31, Nays 0.
723	723	______________________________
724	724	Secretary of the Senate
725	725	APPROVED: _____________________
726	726	Date
727	727	_____________________
728	728	Governor