Texas 2023 - 88th Regular

Texas Senate Bill SB1505 Compare Versions

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1	1	88R10843 CJD-F
2	2	By: Zaffirini, Perry S.B. No. 1505
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to youth diversion strategies and procedures for children
8	8	accused of certain fine-only offenses in municipal and justice
9	9	courts and related criminal justice matters; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 45, Code of Criminal Procedure, is
12	12	amended by adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. YOUTH DIVERSION
14	14	Art. 45.301. DEFINITIONS. In this subchapter:
15	15	(1) "Charge" means a formal or informal allegation of
16	16	an offense, including a citation, written promise to appear,
17	17	complaint, or pending complaint.
18	18	(2) "Child" has the meaning assigned by Article
19	19	45.058(h).
20	20	(3) "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, school district, open-enrollment charter
32	32	school, nonprofit organization, or other entity that provides
33	33	services to children or 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 not eligible for diversion if the child has
51	51	previously had two unsuccessful diversions under this subchapter
52	52	for offenses that were not part of a single criminal episode, as
53	53	defined by Section 3.01, Penal Code.
54	54	(c) Notwithstanding Subsection (b), a court may find a child
55	55	eligible for diversion if they have two or more prior unsuccessful
56	56	diversions.
57	57	(d) A child is not eligible for diversion if a diversion is
58	58	objected to by the attorney representing the state.
59	59	(e) A court may not divert a child from criminal prosecution
60	60	as provided by this subchapter without the written consent of the
61	61	child and the child's parent.
62	62	Art. 45.305. DIVERSION STRATEGIES. (a) Diversion
63	63	strategies include:
64	64	(1) requiring a child to participate in a program,
65	65	including:
66	66	(A) a court-approved teen court program operated
67	67	by a service provider;
68	68	(B) a school-related program;
69	69	(C) an educational program, including an alcohol
70	70	awareness program, a tobacco awareness program, or a drug education
71	71	program;
72	72	(D) a rehabilitation program; or
73	73	(E) a self-improvement program, including a
74	74	program relating to self-esteem, leadership, self-responsibility,
75	75	empathy, parenting, parental responsibility, manners, violence
76	76	avoidance, anger management, life skills, wellness, or dispute
77	77	resolution;
78	78	(2) referring a child to a service provider for
79	79	services, including:
80	80	(A) at-risk youth services under Subchapter D,
81	81	Chapter 264, Family Code;
82	82	(B) juvenile case manager services under Article
83	83	45.056;
84	84	(C) work and job skills training, including job
85	85	interviewing and work preparation;
86	86	(D) academic monitoring or tutoring, including
87	87	preparation for a high school equivalency examination administered
88	88	under Section 7.111, Education Code;
89	89	(E) community-based services;
90	90	(F) mental health screening and clinical
91	91	assessment;
92	92	(G) counseling, including private or in-school
93	93	counseling; or
94	94	(H) mentoring services;
95	95	(3) requiring a child to:
96	96	(A) participate in mediation or other dispute
97	97	resolution processes;
98	98	(B) submit to alcohol or drug testing; or
99	99	(C) substantially comply with a course of
100	100	treatment prescribed by a physician or other licensed medical or
101	101	mental health professional; and
102	102	(4) requiring a child, by court order, to:
103	103	(A) pay restitution not to exceed $100 for an
104	104	offense against property under Title 7, Penal Code;
105	105	(B) perform not more than 20 hours of community
106	106	service; or
107	107	(C) perform any other reasonable action
108	108	determined by the court.
109	109	(b) A diversion strategy may be imposed under:
110	110	(1) an intermediate diversion under Article 45.309;
111	111	(2) a diversion by a justice or judge under Article
112	112	45.310; or
113	113	(3) a system of graduated sanctions for certain school
114	114	offenses under Section 37.144, Education Code.
115	115	(c) A diversion strategy under this subchapter may not
116	116	require a child who is a home-schooled student, as defined by
117	117	Section 29.916, Education Code, to:
118	118	(1) attend an elementary or secondary school; or
119	119	(2) use an educational curriculum other than the
120	120	curriculum selected by the parent.
121	121	Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion
122	122	plan is a written plan that describes the types of strategies that
123	123	will be used to implement youth diversion. A youth diversion plan
124	124	does not limit the types of diversion strategies that may be imposed
125	125	under a diversion agreement under Article 45.308.
126	126	(b) Each justice and municipal court shall adopt a youth
127	127	diversion plan.
128	128	(c) A youth diversion plan may be devised for a county or
129	129	municipality or an individual court within a county or
130	130	municipality.
131	131	(d) In accordance with Chapter 791, Government Code, a local
132	132	government may enter into an agreement with one or more local
133	133	governments to create a regional youth diversion plan and
134	134	collaborate in the implementation of this subchapter.
135	135	(e) A youth diversion plan may include an agreement with a
136	136	service provider to provide services for a diversion strategy.
137	137	(f) A youth diversion plan may contain guidelines for
138	138	disposition or diversion of a child's case by law enforcement. The
139	139	guidelines are not mandatory.
140	140	(g) A current youth diversion plan must be maintained on
141	141	file for public inspection in each justice and municipal court,
142	142	including courts that collaborate with one or more counties or
143	143	municipalities.
144	144	(h) A court or local government may adopt rules necessary to
145	145	coordinate services under a youth diversion plan or to implement
146	146	this subchapter.
147	147	Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may
148	148	designate a youth diversion coordinator to assist the court in:
149	149	(1) determining whether a child is eligible for
150	150	diversion;
151	151	(2) employing a diversion strategy authorized by this
152	152	subchapter;
153	153	(3) presenting and maintaining diversion agreements;
154	154	(4) monitoring diversions;
155	155	(5) maintaining records regarding whether one or more
156	156	diversions were successful or unsuccessful; and
157	157	(6) coordinating referrals to court.
158	158	(b) The responsibilities of the youth diversion coordinator
159	159	may be performed by:
160	160	(1) a court administrator or court clerk, or a person
161	161	who regularly performs the duties of court administrator or court
162	162	clerk;
163	163	(2) an individual or entity that provides juvenile
164	164	case manager services under Article 45.056;
165	165	(3) a court-related services office;
166	166	(4) a community supervision and corrections
167	167	department, including a juvenile probation department;
168	168	(5) a county or municipal employee, including a peace
169	169	officer;
170	170	(6) a community volunteer;
171	171	(7) an institution of higher education, including a
172	172	public, private, or independent institution of higher education; or
173	173	(8) a qualified nonprofit organization as determined
174	174	by the court.
175	175	Art. 45.308. DIVERSION AGREEMENT. (a) A diversion
176	176	agreement must identify the parties to the agreement and the
177	177	responsibilities of the child and the child's parent to ensure
178	178	their meaningful participation in a diversion under Article 45.309
179	179	or 45.310.
180	180	(b) Stated objectives in a diversion agreement must be
181	181	measurable, realistic, and reasonable and consider the
182	182	circumstances of the child, the best interests of the child, and the
183	183	long-term safety of the community.
184	184	(c) A diversion agreement must include:
185	185	(1) the terms of the agreement, including one or more
186	186	diversions required to be completed by the child, written in a clear
187	187	and concise manner and identifying any offense or charge being
188	188	diverted;
189	189	(2) possible outcomes or consequences of a successful
190	190	diversion and an unsuccessful diversion;
191	191	(3) an explanation that participation in a diversion
192	192	is not an admission of guilt and a guilty plea is not required to
193	193	participate in a diversion;
194	194	(4) an explanation of the process that will be used for
195	195	reviewing and monitoring compliance with the terms of the
196	196	agreement;
197	197	(5) the period of the diversion;
198	198	(6) a verification that:
199	199	(A) the child and the child's parent were
200	200	notified of the child's rights, including the right to refuse
201	201	diversion; and
202	202	(B) the child knowingly and voluntarily consents
203	203	to participate in the diversion; and
204	204	(7) written acknowledgment and acceptance of the
205	205	agreement by the child and the child's parent.
206	206	(d) The terms of an agreement may vary depending on the
207	207	circumstances of the child, including the child's age and ability,
208	208	the charge being diverted, or the diversion strategy utilized.
209	209	(e) A charge may not be filed against a child or, if filed,
210	210	shall be dismissed if the child:
211	211	(1) does not contest the charge;
212	212	(2) is eligible for diversion under Article 45.304;
213	213	and
214	214	(3) accepts the terms of the agreement.
215	215	(f) Entering into a diversion agreement under this article
216	216	extends the court's jurisdiction for the term of the agreement.
217	217	(g) On entering into a diversion agreement, a copy of the
218	218	agreement shall be provided to the child and the child's parent, the
219	219	clerk of the court, a youth diversion coordinator, and any person
220	220	specified by the youth diversion plan.
221	221	Art. 45.309. INTERMEDIATE DIVERSION. (a) If provided by a
222	222	youth diversion plan, a youth diversion coordinator or juvenile
223	223	case manager shall advise the child and the child's parent before a
224	224	case is filed that the case may be diverted under this article for a
225	225	reasonable period not to exceed 180 days if:
226	226	(1) the child is eligible for diversion under Article
227	227	45.304;
228	228	(2) diversion is in the best interests of the child and
229	229	promotes the long-term safety of the community;
230	230	(3) the child and the child's parent consent to
231	231	diversion with the knowledge that diversion is optional; and
232	232	(4) the child and the child's parent are informed that
233	233	they may terminate the diversion at any time and, if terminated, the
234	234	case will be referred to court.
235	235	(b) The terms of a diversion agreement under this article
236	236	must be in writing and may include any of the diversion strategies
237	237	under Article 45.305.
238	238	(c) The case of a child who successfully complies with the
239	239	terms of a diversion agreement under this article shall be closed
240	240	and reported as successful to the court.
241	241	(d) A child who does not comply with the terms of a diversion
242	242	agreement under this article shall be referred to court under
243	243	Article 45.311.
244	244	Art. 45.310. DIVERSION BY JUSTICE OR JUDGE. (a) If a
245	245	charge involving a child who is eligible for diversion is filed with
246	246	a court, a justice or judge shall divert the case under this article
247	247	as follows:
248	248	(1) if the child does not contest the charge, a justice
249	249	or judge shall divert the case under this article without the child
250	250	having to enter a plea; or
251	251	(2) if the child contests the charge, a justice or
252	252	judge shall divert the case under this article at the conclusion of
253	253	trial on a finding of guilt without entering a judgment of
254	254	conviction as provided by Article 45.041.
255	255	(b) A diversion under this article may not exceed 180 days.
256	256	(c) The terms of a diversion agreement under this article
257	257	must be in writing and may include any of the diversion strategies
258	258	described by Article 45.305.
259	259	(d) The case of a child who successfully complies with the
260	260	terms of a diversion agreement under this article shall be closed
261	261	and reported as successful to the court.
262	262	(e) A child who does not comply with the terms of a diversion
263	263	agreement under this article shall be referred to court for a
264	264	hearing under Article 45.311.
265	265	Art. 45.311. REFERRAL TO COURT. (a) A court shall conduct
266	266	a non-adversarial hearing for a child who does not successfully
267	267	complete the terms of a diversion under Article 45.309 or 45.310 and
268	268	is referred to the court.
269	269	(b) The hearing is an opportunity for a justice or judge to
270	270	confer with the child and the child's parent to determine whether a
271	271	diversion should be declared unsuccessful by the court. The court
272	272	may also hear from any person who may be of assistance to the child
273	273	or the court in determining what is in the best interests of the
274	274	child and the long-term safety of the community.
275	275	(c) After the hearing, a court may enter an order:
276	276	(1) amending or setting aside terms in the diversion
277	277	agreement;
278	278	(2) extending the diversion for a period not to exceed
279	279	one year from the initial start date of the diversion;
280	280	(3) issuing a continuance for the hearing for a period
281	281	not to exceed 60 days to allow an opportunity for compliance with
282	282	the terms of the diversion;
283	283	(4) subject to Subsection (d), requiring the child's
284	284	parent to perform any act or refrain from performing any act as the
285	285	court determines will increase the likelihood the child will
286	286	successfully complete the diversion and comply with any other order
287	287	of the court that is reasonable and necessary for the welfare of the
288	288	child;
289	289	(5) finding the diversion successful on the basis of
290	290	substantial compliance; or
291	291	(6) finding the diversion unsuccessful and:
292	292	(A) transferring the child to juvenile court for
293	293	alleged conduct indicating a need for supervision under Section
294	294	51.08, Family Code; or
295	295	(B) referring the charge to the prosecutor for
296	296	consideration of re-filing.
297	297	(d) An order under Subsection (c)(4) may not have the
298	298	substantive effect of interfering with a parent's fundamental right
299	299	to determine how to raise the parent's child, unless the court finds
300	300	that the interference is necessary to prevent significant
301	301	impairment of the child's physical, mental, or emotional health.
302	302	(e) An order under Subsection (c)(4) is enforceable against
303	303	the parent by contempt.
304	304	(f) The statute of limitations in Article 12.02(b) is tolled
305	305	during the diversion period for purposes of Subsection (c)(6)(B).
306	306	Art. 45.312. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
307	307	(a) The clerk of a justice or municipal court may collect from a
308	308	child's parent a $50 administrative fee to defray the costs of the
309	309	diversion of the child's case under this subchapter.
310	310	(b) The fee under this article may not be collected unless
311	311	specified as a term of the diversion agreement accepted by the
312	312	child's parent. If the fee is not paid after giving the child's
313	313	parent an opportunity to be heard, the court shall order the parent,
314	314	if financially able, to pay the fee to the clerk of the court.
315	315	(c) A court shall waive the fee if the child's parent is
316	316	indigent or does not have sufficient resources or income to pay the
317	317	fee.
318	318	(d) A court may adopt rules for the waiver of a fee for
319	319	financial hardship under this article.
320	320	(e) An order under Subsection (b) is enforceable against the
321	321	parent by contempt.
322	322	(f) The clerk of the court shall keep a record of the fees
323	323	collected under this article and shall forward the funds to the
324	324	county treasurer, municipal treasurer, or person fulfilling the
325	325	role of a county treasurer or municipal treasurer, as appropriate.
326	326	(g) The fee collected under this article shall be deposited
327	327	in a special account that can be used only to offset the cost of the
328	328	operations of youth diversion programs under this subchapter.
329	329	(h) Except for the fee authorized under Subsection (a), a
330	330	fee may not be assessed for a child diverted under this subchapter.
331	331	(i) The diversion of a child may not be contingent on
332	332	payment of a fee under this article.
333	333	Art. 45.313. DIVERSION RECORDS. (a) A justice or
334	334	municipal court shall maintain statistics for each diversion
335	335	strategy authorized by this subchapter.
336	336	(b) Other than statistical records, all records generated
337	337	under this subchapter are confidential under Article 45.0217.
338	338	(c) All records of a diversion pertaining to a child under
339	339	this subchapter shall be expunged without the requirement of a
340	340	motion or request, on the child's 18th birthday.
341	341	SECTION 2. Article 45.0215(a), Code of Criminal Procedure,
342	342	is amended to read as follows:
343	343	(a) Subject to the requirements of Subchapter E, this [This]
344	344	article applies to a defendant who has not had the disabilities of
345	345	minority removed and has been:
346	346	(1) charged with an offense other than an offense
347	347	under Section 43.261, Penal Code, if the defendant is younger than
348	348	17 years of age; or
349	349	(2) charged with an offense under Section 43.261,
350	350	Penal Code, if the defendant is younger than 18 years of age.
351	351	SECTION 3. Article 45.041, Code of Criminal Procedure, is
352	352	amended by adding Subsection (a-2) and amending Subsection (b-3) to
353	353	read as follows:
354	354	(a-2) In a case involving a child who is eligible for
355	355	diversion under Article 45.304 that results in a trial, if the court
356	356	determines that the evidence presented would support a finding of
357	357	guilt, the court shall provide the child and the child's parents the
358	358	opportunity to accept placement in diversion, under Article 45.310,
359	359	instead of entering a finding of guilt. If the child and the
360	360	child's parents accept the opportunity for placement in diversion
361	361	under Article 45.310, the court shall place the child in diversion.
362	362	If the child and the child's parents decline the opportunity for
363	363	placement in diversion under Article 45.310, the court shall find
364	364	the child guilty and proceed to sentencing.
365	365	(b-3) If a diversion is not required under Subchapter E or
366	366	Subsection (a-2), a [A] judge shall [may] allow a defendant who is a
367	367	child, as defined by Article 45.058(h), to elect at the time of
368	368	conviction, as defined by Section 133.101, Local Government Code,
369	369	to discharge the fine and costs by:
370	370	(1) performing community service or receiving
371	371	tutoring under Article 45.049 [45.0492, as added by Chapter 227
372	372	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
373	373	or
374	374	(2) paying the fine and costs in a manner described by
375	375	Subsection (b).
376	376	SECTION 4. Articles 45.049(f) and (i), Code of Criminal
377	377	Procedure, are amended to read as follows:
378	378	(f) A sheriff, employee of a sheriff's department, county
379	379	commissioner, county employee, county judge, justice of the peace,
380	380	municipal court judge, or officer or employee of a political
381	381	subdivision other than a county or an entity that accepts a
382	382	defendant under this article or Subchapter E to perform community
383	383	service is not liable for damages arising from an act or failure to
384	384	act in connection with community service performed by a defendant
385	385	under this article or Subchapter E if the act or failure to act:
386	386	(1) was performed pursuant to court order; and
387	387	(2) was not intentional, wilfully or wantonly
388	388	negligent, or performed with conscious indifference or reckless
389	389	disregard for the safety of others.
390	390	(i) A community supervision and corrections department, a
391	391	local juvenile probation department, or a court-related services
392	392	office may provide the administrative and other services necessary
393	393	for supervision of a defendant required to perform community
394	394	service under this article.
395	395	SECTION 5. Articles 45.056(a), (b), (d), (g), and (h), Code
396	396	of Criminal Procedure, are amended to read as follows:
397	397	(a) On approval of the commissioners court, city council,
398	398	school district board of trustees, juvenile board, or other
399	399	appropriate authority, a county court, justice court, municipal
400	400	court, school district, juvenile probation department, or other
401	401	appropriate governmental entity may:
402	402	(1) employ a juvenile case manager or contract for a
403	403	juvenile case manager to provide services in cases involving:
404	404	(A) youth diversion under Subchapter E;
405	405	(B) children [juvenile offenders] who are before
406	406	a court consistent with the court's statutory powers; or
407	407	(C) children who are referred to a court by a
408	408	school administrator or designee for misconduct that would
409	409	otherwise be within the court's statutory powers prior to a case
410	410	being filed, with the consent of the juvenile and the juvenile's
411	411	parents or guardians;
412	412	(2) employ or contract for the services of one or more
413	413	juvenile case managers who:
414	414	(A) shall assist the court in administering the
415	415	court's juvenile docket and in supervising the court's orders in
416	416	juvenile cases; and
417	417	(B) may provide:
418	418	(i) prevention services to a child
419	419	considered at risk of entering the juvenile justice system; and
420	420	(ii) youth diversion [intervention]
421	421	services to juveniles engaged in misconduct before cases are filed,
422	422	excluding traffic offenses; or
423	423	(3) agree in accordance with Chapter 791, Government
424	424	Code, with any appropriate governmental entity to jointly employ a
425	425	juvenile case manager, jointly contract for juvenile case manager
426	426	services, or [to] jointly contribute to the costs of a juvenile case
427	427	manager or juvenile case manager [employed by one governmental
428	428	entity to provide] services described by Subdivisions (1) and (2).
429	429	(b) A local entity may apply or more than one local entity
430	430	may jointly apply to the criminal justice division of the
431	431	governor's office for reimbursement of all or part of the costs of
432	432	employing one or more juvenile case managers or contracting for
433	433	juvenile case manager services from funds appropriated to the
434	434	governor's office or otherwise available for purposes of youth
435	435	diversion [that purpose]. To be eligible for reimbursement, the
436	436	entity applying must present to the governor's office a
437	437	comprehensive plan to reduce juvenile crimes in the entity's
438	438	jurisdiction and a youth diversion plan under Article 45.306 that
439	439	addresses the role of the juvenile case manager in that effort.
440	440	(d) The court or governing body may pay from the local youth
441	441	diversion fund established under Section 134.156, Local Government
442	442	Code:
443	443	(1) the salary and benefits of a juvenile case
444	444	manager;
445	445	(2) the costs of contracting for juvenile case manager
446	446	services; and
447	447	(3) the costs of training, travel, office supplies,
448	448	and other necessary expenses relating to the position of the
449	449	juvenile case manager and juvenile case manager services [from the
450	450	local truancy prevention and diversion fund established under
451	451	Section 134.156, Local Government Code].
452	452	(g) A [The employing] court or governmental entity under
453	453	this article shall implement the rules adopted under Subsection
454	454	(f).
455	455	(h) The commissioners court or governing body of the
456	456	municipality that administers a local youth [truancy prevention
457	457	and] diversion fund under Section 134.156, Local Government Code,
458	458	shall require periodic review of juvenile case managers to ensure
459	459	the implementation of the rules adopted under Subsection (f).
460	460	SECTION 6. Article 45.056(c), Code of Criminal Procedure,
461	461	as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
462	462	the 83rd Legislature, Regular Session, 2013, is reenacted and
463	463	amended to read as follows:
464	464	(c) An entity that jointly employs a juvenile case manager,
465	465	jointly contracts for juvenile case manager services, or jointly
466	466	contributes to the costs of a juvenile case manager or juvenile case
467	467	manager services under Subsection (a)(3) employs a juvenile case
468	468	manager for purposes of Chapter 102 of this code and Chapter 102,
469	469	Government Code.
470	470	SECTION 7. Article 45.056(e), Code of Criminal Procedure,
471	471	as amended by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature,
472	472	Regular Session, 2011, and repealed by Chapter 1098 (S.B. 1489),
473	473	Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
474	474	and amended to read as follows:
475	475	(e) A juvenile case manager [employed under Subsection (c)]
476	476	shall give priority to cases brought under Section [Sections]
477	477	25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
478	478	youth diversion under Subchapter E of this chapter.
479	479	SECTION 8. The heading to Article 102.014, Code of Criminal
480	480	Procedure, is amended to read as follows:
481	481	Art. 102.014. FINES FOR CHILD SAFETY FUND [IN
482	482	MUNICIPALITIES].
483	483	SECTION 9. Articles 102.014(g) and (h), Code of Criminal
484	484	Procedure, are amended to read as follows:
485	485	(g) In a municipality with a population less than 850,000
486	486	according to the most recent federal decennial census, the money
487	487	collected under this article in a municipal court case must be used
488	488	for a school crossing guard program if the municipality operates
489	489	one. If the municipality does not operate a school crossing guard
490	490	program or if the money received from fines from municipal court
491	491	cases exceeds the amount necessary to fund the school crossing
492	492	guard program, the municipality may:
493	493	(1) deposit the additional money in an
494	494	interest-bearing account;
495	495	(2) expend the additional money for programs designed
496	496	to enhance child safety, health, or nutrition, including child
497	497	abuse prevention and intervention, youth diversion, and drug and
498	498	alcohol abuse prevention; or
499	499	(3) expend the additional money for programs designed
500	500	to enhance public safety and security.
501	501	(h) Money collected under this article in a justice, county,
502	502	or district court shall be used to fund school crossing guard
503	503	programs in the county where they are collected. If the county does
504	504	not operate a school crossing guard program, the county may:
505	505	(1) remit fine revenues to school districts in its
506	506	jurisdiction for the purpose of providing school crossing guard
507	507	services;
508	508	(2) fund programs the county is authorized by law to
509	509	provide which are designed to enhance child safety, health, or
510	510	nutrition, including child abuse prevention and intervention,
511	511	youth diversion, and drug and alcohol abuse prevention;
512	512	(3) provide funding to the sheriff's department for
513	513	school-related activities;
514	514	(4) provide funding to the county juvenile probation
515	515	department; or
516	516	(5) deposit the money in the general fund of the
517	517	county.
518	518	SECTION 10. Article 102.0171, Code of Criminal Procedure,
519	519	is amended by amending Subsections (a) and (c) and adding
520	520	Subsection (e) to read as follows:
521	521	(a) A defendant convicted of an offense under Section 28.08,
522	522	Penal Code, in a municipal court, justice court, county court,
523	523	county court at law, or district court shall pay a fine of $50 for
524	524	juvenile delinquency prevention and graffiti eradication.
525	525	(c) The clerks of the respective courts shall collect the
526	526	fines and pay the fines to the county treasurer, municipal
527	527	treasurer, or to any other official who discharges the duties
528	528	commonly delegated to the county or municipal treasurer for deposit
529	529	in a fund to be known as the county juvenile delinquency prevention
530	530	fund or municipal juvenile delinquency prevention fund. A fund
531	531	designated by this subsection may be used only to:
532	532	(1) repair damage caused by the commission of offenses
533	533	under Section 28.08, Penal Code;
534	534	(2) provide educational and intervention programs and
535	535	materials, including printed educational materials for
536	536	distribution to primary and secondary school students, designed to
537	537	prevent individuals from committing offenses under Section 28.08,
538	538	Penal Code;
539	539	(3) provide to the public rewards for identifying and
540	540	aiding in the apprehension and prosecution of offenders who commit
541	541	offenses under Section 28.08, Penal Code;
542	542	(4) provide funding for teen recognition and teen
543	543	recreation programs;
544	544	(5) provide funding for local teen court programs;
545	545	(6) provide funding for the local juvenile probation
546	546	department; [and]
547	547	(7) provide educational and intervention programs
548	548	designed to prevent juveniles from engaging in delinquent conduct;
549	549	and
550	550	(8) provide funding for youth diversion under
551	551	Subchapter E, Chapter 45.
552	552	(e) The municipal juvenile delinquency prevention fund
553	553	shall be administered by or under the direction of the governing
554	554	body of a municipality.
555	555	SECTION 11. Section 264.302(e), Family Code, is amended to
556	556	read as follows:
557	557	(e) The department shall provide services for a child and
558	558	the child's family if a contract to provide services under this
559	559	section is available in the county and the child is referred to the
560	560	department as an at-risk child by:
561	561	(1) a juvenile court or probation department as part
562	562	of a progressive sanctions program under Chapter 59;
563	563	(2) a law enforcement officer or agency under Section
564	564	52.03; or
565	565	(3) a justice or municipal court under Article 45.057,
566	566	45.309, or 45.310, Code of Criminal Procedure.
567	567	SECTION 12. Section 22.1105(a), Government Code, is amended
568	568	to read as follows:
569	569	(a) Each judge of a court with jurisdiction to hear a
570	570	complaint against a child alleging a violation of a misdemeanor
571	571	offense punishable by fine only, other than a traffic offense or
572	572	public intoxication or a violation of a penal ordinance of a
573	573	political subdivision other than a traffic offense, shall complete
574	574	a course of instruction related to youth diversion and
575	575	understanding relevant issues of child welfare, including issues
576	576	related to mental health and children with disabilities, [and the
577	577	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
578	578	et seq.)] every judicial academic year that ends in a 0 or a 5.
579	579	SECTION 13. Section 133.102(e), Local Government Code, is
580	580	amended to read as follows:
581	581	(e) The comptroller shall allocate the court costs received
582	582	under this section to the following accounts and funds so that each
583	583	receives to the extent practicable, utilizing historical data as
584	584	applicable, the same amount of money the account or fund would have
585	585	received if the court costs for the accounts and funds had been
586	586	collected and reported separately, except that the account or fund
587	587	may not receive less than the following percentages:
588	588	(1) crime stoppers assistance account
589	589	0.2427 percent;
590	590	(2) breath alcohol testing account
591	591	0.3900 percent;
592	592	(3) Bill Blackwood Law Enforcement Management
593	593	Institute account
594	594	1.4741 percent;
595	595	(4) Texas Commission on Law Enforcement account
596	596	3.4418 percent;
597	597	(5) law enforcement and custodial officer supplement
598	598	retirement trust fund
599	599	7.2674 percent;
600	600	(6) criminal justice planning account
601	601	8.5748 percent;
602	602	(7) an account in the state treasury to be used only
603	603	for the establishment and operation of the Center for the Study and
604	604	Prevention of Juvenile Crime and Delinquency at Prairie View A&M
605	605	University
606	606	0.8540 percent;
607	607	(8) compensation to victims of crime account
608	608	24.6704 percent;
609	609	(9) emergency radio infrastructure account
610	610	3.6913 percent;
611	611	(10) judicial and court personnel training account
612	612	3.3224 percent;
613	613	(11) an account in the state treasury to be used for
614	614	the establishment and operation of the Correctional Management
615	615	Institute of Texas and Criminal Justice Center account [Account]
616	616	0.8522 percent;
617	617	(12) fair defense account
618	618	17.8857 percent;
619	619	(13) judicial fund
620	620	12.2667 percent;
621	621	(14) DNA testing account
622	622	0.1394 percent;
623	623	(15) specialty court account
624	624	1.0377 percent;
625	625	(16) statewide electronic filing system account
626	626	0.5485 percent;
627	627	(17) jury service fund
628	628	6.4090 percent;
629	629	(18) youth [truancy prevention and] diversion account
630	630	2.5956 percent; and
631	631	(19) transportation administrative fee account
632	632	4.3363 percent.
633	633	SECTION 14. Section 133.125, Local Government Code, is
634	634	amended to read as follows:
635	635	Sec. 133.125. ALLOCATION OF FEES TO YOUTH [TRUANCY
636	636	PREVENTION AND] DIVERSION ACCOUNT. (a) The youth [truancy
637	637	prevention and] diversion account is a dedicated account in the
638	638	general revenue fund. The account consists of money allocated to
639	639	the account under Section 133.102(e).
640	640	(b) The legislature may appropriate money from the youth
641	641	[truancy prevention and] diversion account only to the criminal
642	642	justice division of the governor's office for distribution to local
643	643	governmental entities for youth diversion [truancy prevention and
644	644	intervention] services.
645	645	(c) A local governmental entity may request funds from the
646	646	criminal justice division of the governor's office for providing
647	647	youth diversion [truancy prevention and intervention] services.
648	648	The division may award the requested funds based on the
649	649	availability of appropriated funds and subject to the application
650	650	procedure and eligibility requirements specified by division rule.
651	651	SECTION 15. Section 134.103(b), Local Government Code, is
652	652	amended to read as follows:
653	653	(b) The treasurer shall allocate the court costs received
654	654	under this section to the following accounts and funds so that each
655	655	receives to the extent practicable, utilizing historical data as
656	656	applicable, the same amount of money the account or fund would have
657	657	received if the court costs for the accounts and funds had been
658	658	collected and reported separately, except that the account or fund
659	659	may not receive less than the following percentages:
660	660	(1) the courthouse security fund or municipal court
661	661	building security fund, as appropriate
662	662	35 percent;
663	663	(2) the local youth [truancy prevention and] diversion
664	664	fund
665	665	35.7143 percent;
666	666	(3) the justice court technology fund or municipal
667	667	court technology fund, as appropriate
668	668	28.5714 percent; and
669	669	(4) the county or municipal jury fund, as appropriate
670	670	0.7143 percent.
671	671	SECTION 16. The heading to Section 134.156, Local
672	672	Government Code, is amended to read as follows:
673	673	Sec. 134.156. LOCAL YOUTH [TRUANCY PREVENTION AND]
674	674	DIVERSION FUND.
675	675	SECTION 17. Section 134.156, Local Government Code, is
676	676	amended by amending Subsection (a) and adding Subsection (a-1) to
677	677	read as follows:
678	678	(a) In a county or municipality that employs or contracts
679	679	with a juvenile case manager under Article 45.056, Code of Criminal
680	680	Procedure, money [Money] allocated under Section 134.103 to the
681	681	local youth [truancy prevention and] diversion fund maintained in
682	682	the county or municipal treasury as required by Section 134.151 may
683	683	be used by a county or municipality to finance the salary, benefits,
684	684	training, travel expenses, office supplies, and other necessary
685	685	expenses relating to the position of a juvenile case manager
686	686	[employed under Article 45.056, Code of Criminal Procedure]. If
687	687	there is money in the fund after those costs are paid, subject to
688	688	the direction of the governing body of the county or municipality
689	689	and on approval by the employing court, a juvenile case manager may
690	690	direct the remaining money to be used to implement programs
691	691	directly related to the duties of the juvenile case manager,
692	692	including juvenile alcohol and substance abuse programs,
693	693	educational and leadership programs, and any other projects
694	694	designed to prevent or reduce the number of juvenile referrals to
695	695	the court.
696	696	(a-1) In a county or municipality that does not employ or
697	697	contract with a juvenile case manager, the governing body of the
698	698	county or municipality, in consultation with the court, may direct
699	699	money described by Subsection (a) to be used for the support of a
700	700	local mental health authority, juvenile alcohol and substance abuse
701	701	programs, educational and leadership programs, teen court
702	702	programs, and any other project designed to prevent or reduce the
703	703	number of juvenile referrals to the court.
704	704	SECTION 18. Not later than January 1, 2025, each justice and
705	705	municipal court shall implement a youth diversion plan under
706	706	Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
707	707	this Act.
708	708	SECTION 19. The changes in law made by this Act apply only
709	709	to an offense committed on or after January 1, 2025. An offense
710	710	committed before January 1, 2025, is governed by the law in effect
711	711	on the date the offense was committed, and the former law is
712	712	continued in effect for that purpose. For purposes of this section,
713	713	an offense was committed before January 1, 2025, if any element of
714	714	the offense occurred before that date.
715	715	SECTION 20. This Act takes effect January 1, 2024.