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AN ACT
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relating to the detention of certain juvenile offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (f) and (h), Section 51.12, Family |
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Code, are amended to read as follows: |
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(f) A child detained in a building that contains a jail, |
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lockup, or other place of secure confinement, including an alcohol |
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or other drug treatment facility, shall be separated by sight and |
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sound from adults detained in the same building. Children and |
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adults are separated by sight and sound only if they are unable to |
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see each other and conversation between them is not possible. The |
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separation must extend to all areas of the facility, including |
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sally ports and passageways, and those areas used for admission, |
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counseling, sleeping, toileting, showering, dining, recreational, |
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educational, or vocational activities, and health care. The |
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separation may be accomplished through architectural design. A |
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person who has been transferred for prosecution in criminal court |
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under Section 54.02 and is under 17 years of age is considered a |
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child for the purposes of this subsection. |
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(h) This section does not apply to a person: |
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(1) who has been transferred [after transfer] to |
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criminal court for prosecution under Section 54.02 and is at least |
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17 years of age; or |
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(2) who is at least 17 years of age and who has been |
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taken into custody after having: |
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(A) escaped from a juvenile facility operated by |
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or under contract with the Texas Youth Commission; or |
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(B) violated a condition of release under |
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supervision of the Texas Youth Commission. |
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SECTION 2. Subsection (c), Section 51.13, Family Code, is |
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amended to read as follows: |
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(c) A child may not be committed or transferred to a penal |
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institution or other facility used primarily for the execution of |
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sentences of persons convicted of crime, except: |
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(1) for temporary detention in a jail or lockup |
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pending juvenile court hearing or disposition under conditions |
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meeting the requirements of Section 51.12 [of this code]; |
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(2) after transfer for prosecution in criminal court |
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under Section 54.02, unless the juvenile court orders the detention |
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of the child in a certified juvenile detention facility under |
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Section 54.02(h) [of this code]; or |
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(3) after transfer from the Texas Youth Commission |
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under Section 61.084, Human Resources Code. |
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SECTION 3. Subchapter A, Chapter 152, Human Resources Code, |
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is amended by adding Section 152.0015 to read as follows: |
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Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN |
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JUVENILES. A juvenile board shall establish a policy that |
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specifies whether a person who has been transferred for criminal |
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prosecution under Section 54.02, Family Code, and is younger than |
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17 years of age may be detained in a juvenile facility pending trial |
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as provided by Section 51.12, Family Code. |
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SECTION 4. Subsection (h), Section 54.02, Family Code, is |
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amended to read as follows: |
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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver and certify |
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its action, including the written order and findings of the court, |
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and shall transfer the person to the appropriate court for criminal |
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proceedings and cause the results of the diagnostic study of the |
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person ordered under Subsection (d), including psychological |
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information, to be transferred to the appropriate criminal |
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prosecutor. On transfer of the person for criminal proceedings, |
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the person shall be dealt with as an adult and in accordance with |
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the Code of Criminal Procedure, except that if detention in a |
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certified juvenile detention facility is authorized under Section |
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152.0015, Human Resources Code, the juvenile court may order the |
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person to be detained in the facility pending trial or until the |
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criminal court enters an order under Article 4.19, Code of Criminal |
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Procedure. A [The] transfer of custody made under this subsection |
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is an arrest. |
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SECTION 5. Chapter 4, Code of Criminal Procedure, is |
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amended by adding Article 4.19 to read as follows: |
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Art. 4.19. TRANSFER OF CHILD. Notwithstanding the order of |
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a juvenile court to detain a child in a certified juvenile detention |
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facility under Section 54.02(h), Family Code, the judge of the |
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criminal court having jurisdiction over the child may order the |
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child to be transferred to another facility and treated as an adult |
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as provided by this code. |
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SECTION 6. Subsection (a), Section 23.101, Government Code, |
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is amended to read as follows: |
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(a) The trial courts of this state shall regularly and |
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frequently set hearings and trials of pending matters, giving |
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preference to hearings and trials of the following: |
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(1) temporary injunctions; |
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(2) criminal actions, with the following actions given |
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preference over other criminal actions: |
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(A) criminal actions against defendants who are |
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detained in jail pending trial; |
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(B) criminal actions involving a charge that a |
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person committed an act of family violence, as defined by Section |
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71.004, Family Code; |
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(C) an offense under: |
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(i) Section 21.02 or 21.11, Penal Code; |
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(ii) Chapter 22, Penal Code, if the victim |
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of the alleged offense is younger than 17 years of age; |
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(iii) Section 25.02, Penal Code, if the |
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victim of the alleged offense is younger than 17 years of age; |
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(iv) Section 25.06, Penal Code; or |
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(v) Section 43.25, Penal Code; [and] |
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(D) an offense described by Article 62.001(6)(C) |
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or (D), Code of Criminal Procedure; and |
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(E) criminal actions against children who are |
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detained as provided by Section 51.12, Family Code, after transfer |
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for prosecution in criminal court under Section 54.02, Family Code; |
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(3) election contests and suits under the Election |
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Code; |
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(4) orders for the protection of the family under |
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Subtitle B, Title 4, Family Code; |
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(5) appeals of final rulings and decisions of the |
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division of workers' compensation of the Texas Department of |
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Insurance regarding workers' compensation claims and claims under |
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the Federal Employers' Liability Act and the Jones Act; |
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(6) appeals of final orders of the commissioner of the |
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General Land Office under Section 51.3021, Natural Resources Code; |
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(7) actions in which the claimant has been diagnosed |
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with malignant mesothelioma, other malignant asbestos-related |
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cancer, malignant silica-related cancer, or acute silicosis; and |
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(8) appeals brought under Section 42.01 or 42.015, Tax |
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Code, of orders of appraisal review boards of appraisal districts |
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established for counties with a population of less than 175,000. |
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SECTION 7. (a) The change in law made by this Act applies |
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only to the detention of a child for conduct that occurs on or after |
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the 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 when the conduct occurred, and the former law is continued |
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in effect for that purpose. |
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(b) For purposes of this section, conduct violating a penal |
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law occurred before the effective date of this Act if any element of |
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the violation occurred before that date. |
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SECTION 8. 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 hereby certify that S.B. No. 1209 passed the Senate on |
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May 5, 2011, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1209 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |