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