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AN ACT
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relating to creating a teen dating violence court program and the |
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deferral of adjudication and dismissal of certain dating violence |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Section 54.0325 to read as follows: |
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Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF |
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CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM. |
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(a) In this section: |
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(1) "Dating violence" has the meaning assigned by |
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Section 71.0021. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004. |
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(3) "Teen dating violence court program" means a |
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program that includes: |
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(A) a 12-week program designed to educate |
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children who engage in dating violence and encourage them to |
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refrain from engaging in that conduct; |
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(B) a dedicated teen victim advocate who assists |
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teen victims by offering referrals to additional services, |
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providing counseling and safety planning, and explaining the |
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juvenile justice system; |
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(C) a court-employed resource coordinator to |
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monitor children's compliance with the 12-week program; |
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(D) one judge who presides over all of the cases |
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in the jurisdiction that qualify for the program; and |
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(E) an attorney in the district attorney's office |
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or the county attorney's office who is assigned to the program. |
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(b) On the recommendation of the prosecuting attorney, the |
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juvenile court may defer adjudication proceedings under Section |
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54.03 for not more than 180 days if the child is a first offender who |
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is alleged to have engaged in conduct: |
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(1) that violated a penal law of this state of the |
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grade of misdemeanor; and |
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(2) involving dating violence. |
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(c) For the purposes of Subsection (b), a first offender is |
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a child who has not previously been referred to juvenile court for |
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allegedly engaging in conduct constituting dating violence, family |
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violence, or an assault. |
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(d) Before implementation, the teen dating violence court |
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program must be approved by: |
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(1) the court; and |
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(2) the commissioners court of the county. |
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(e) A child for whom adjudication proceedings are deferred |
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under Subsection (b) shall: |
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(1) complete the teen dating violence court program |
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not later than the last day of the deferral period; and |
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(2) appear in court once a month for monitoring |
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purposes. |
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(f) The court shall dismiss the case with prejudice at the |
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time the child presents satisfactory evidence that the child has |
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successfully completed the teen dating violence court program. |
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(g) The court may require a child who participates in a teen |
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dating violence court program to pay a fee not to exceed $10 that is |
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set by the court to cover the costs of administering this section. |
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The court shall deposit the fee in the county treasury of the county |
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in which the court is located. |
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(h) In addition to the fee authorized by Subsection (g), the |
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court may require a child who participates in a teen dating violence |
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court program to pay a fee of $10 to cover the cost to the teen |
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dating violence court program for performing its duties under this |
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section. The court shall pay the fee to the teen dating violence |
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court program, and the teen dating violence court program must |
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account to the court for the receipt and disbursal of the fee. |
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(i) The court shall track the number of children ordered to |
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participate in the teen dating violence court program, the |
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percentage of victims meeting with the teen victim advocate, and |
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the compliance rate of the children ordered to participate in the |
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program. |
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SECTION 2. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Section 103.0210 to read as follows: |
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Sec. 103.0210. ADDITIONAL FEES IN CERTAIN JUVENILE CASES: |
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FAMILY CODE. A child for whom adjudication proceedings are |
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deferred under Section 54.0325, Family Code, shall pay a fee not to |
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exceed $20 to the court for the administration of the teen dating |
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violence court program. |
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SECTION 3. The change in law made by this Act applies only |
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to conduct violating a penal law that occurs on or after the |
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effective date of this Act. Conduct violating a penal law that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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conduct violating a penal law occurred before the effective date of |
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this Act if any element of the violation occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2496 was passed by the House on May |
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13, 2011, by the following vote: Yeas 137, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2496 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |