Texas House Bill HB3186

Texas 2023 - 88th Regular

• Filed: 3/1/23
• Out of House Committee: 4/27/23
• Voted on by House: 5/9/23
• Out of Senate Committee: 5/17/23
• Voted on by Senate: 5/18/23
• Governor Action: 6/10/23

Caption

Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.

Impact

The implications of HB 3186 on Texas state law involve amendments to existing procedures for juvenile case management and how minor offenses are handled in courts. By implementing a structured approach to youth diversion, the bill is expected to decrease recidivism rates by providing youth with alternative interventions that hold them accountable while addressing underlying issues. This transition could lead to significant reductions in long-term costs associated with judicial processing and improve outcomes for children in the justice system.

Summary

House Bill 3186, known as the Texas Youth Diversion and Early Intervention Act, focuses on employing strategies for diverting children accused of fine-only offenses from formal prosecution. The legislation aims to enhance the ability of municipal and justice courts to identify and redirect youth accused of such offenses into appropriate programs rather than traditional judicial processes. Key provisions include authorizing local governments to pool resources for the development of diversion programs, facilitating early intervention efforts, and creating a supportive framework to assist involved youth and their families in accessing necessary services.

Sentiment

The sentiment around HB 3186 has been generally supportive among legislators and advocacy groups focused on juvenile justice reform. Many view the bill as a progressive step in addressing minor offenses among youth, emphasizing rehabilitation over punishment. However, concerns were raised regarding the adequacy of resources and the potential tarification of services, which could deter less affluent families from benefiting fully from diversion programs. The collaborative focus of the bill also suggests a promising shift towards community-based intervention.

Contention

Notable points of contention during discussions primarily revolved around the enforcement of fees associated with diversion programs, which some critics argue may place undue financial burdens on families. There's a fear that these fees could inhibit access to diversion opportunities, particularly for lower-income households. Furthermore, while the bill aims to unify diverse municipal strategies regarding youth offenders, the variability in local resources and implementation capabilities may result in unequal access to diversion programs across different regions in Texas.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 45. Justice And Municipal Courts
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Local Government Code

• Chapter 133. Criminal And Civil Fees Payable To The Comptroller
  • Section: 125
  • Section: 125
  • Section: 125
  • Section: 125
  • Section: 102

• Chapter 134. Criminal Fees Payable To Local Government
  • Section: 156
  • Section: 156
  • Section: New Section
  • Section: 156
  • Section: 156
  • Section: New Section
  • Section: 156

Family Code

• Chapter 264. Child Welfare Services
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 59. Progressive Sanctions Model
  • Section: New Section

Government Code

• Chapter 22. Appellate Courts
  • Section: 1105
  • Section: 1105
  • Section: 1105
  • Section: 1105