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AN ACT
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relating to youth diversion strategies and procedures for children |
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accused of certain fine-only offenses in municipal and justice |
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courts and related criminal justice matters; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Youth |
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Diversion and Early Intervention Act. |
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SECTION 2. Chapter 45, Code of Criminal Procedure, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. YOUTH DIVERSION |
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Art. 45.301. DEFINITIONS. In this subchapter: |
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(1) "Charge" means a formal or informal allegation of |
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an offense, including a citation, written promise to appear, |
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complaint, or pending complaint. |
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(2) "Child" has the meaning assigned by Article |
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45.058(h). |
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(3) "Court" means a justice court, municipal court, or |
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other court subject to this chapter. |
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(4) "Diversion" means an intervention strategy that |
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redirects a child from formal criminal prosecution and holds the |
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child accountable for the child's actions. The term includes |
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diversion under Article 45.309 or 45.310. |
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(5) "Offense" means a misdemeanor punishable by fine |
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only, other than a traffic offense. |
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(6) "Parent" has the meaning assigned by Article |
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45.057(a). |
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(7) "Service provider" means a governmental agency, |
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political subdivision, open-enrollment charter school, nonprofit |
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organization, or other entity that provides services to children or |
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families. |
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(8) "Youth diversion plan" means a plan adopted under |
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Article 45.306. |
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Art. 45.302. APPLICABILITY. This subchapter applies only |
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to a child who is alleged to have engaged in conduct that |
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constitutes a misdemeanor punishable by fine only, other than a |
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traffic offense. |
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Art. 45.303. TRANSFER TO JUVENILE COURT NOT AFFECTED. |
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Nothing in this subchapter precludes: |
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(1) a case involving a child from being referred, |
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adjudicated, or disposed of as conduct indicating a need for |
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supervision under Title 3, Family Code; or |
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(2) a waiver of criminal jurisdiction and transfer of |
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a child's case as provided by Section 51.08, Family Code. |
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Art. 45.304. DIVERSION ELIGIBILITY. (a) Except as |
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otherwise provided by this subchapter, a child shall be diverted |
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from formal criminal prosecution as provided by this subchapter. |
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(b) A child is eligible to enter into a diversion agreement |
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under this subchapter only once every 365 days. |
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(c) A child is not eligible for diversion if the child has |
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previously had an unsuccessful diversion under this subchapter. |
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(d) A child is not eligible for diversion if a diversion is |
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objected to by the attorney representing the state. |
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(e) A court may not divert a child from criminal prosecution |
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as provided by this subchapter without the written consent of the |
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child and the child's parent. |
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Art. 45.305. DIVERSION STRATEGIES. (a) Diversion |
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strategies include: |
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(1) requiring a child to participate in a program, |
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including: |
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(A) a court-approved teen court program operated |
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by a service provider; |
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(B) a school-related program; |
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(C) an educational program, including an alcohol |
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awareness program, a tobacco awareness program, or a drug education |
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program; |
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(D) a rehabilitation program; or |
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(E) a self-improvement program, including a |
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program relating to self-esteem, leadership, self-responsibility, |
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empathy, parenting, parental responsibility, manners, violence |
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avoidance, anger management, life skills, wellness, or dispute |
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resolution; |
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(2) referring a child to a service provider for |
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services, including: |
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(A) at-risk youth services under Subchapter D, |
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Chapter 264, Family Code; |
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(B) juvenile case manager services under Article |
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45.056; |
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(C) work and job skills training, including job |
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interviewing and work preparation; |
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(D) academic monitoring or tutoring, including |
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preparation for a high school equivalency examination administered |
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under Section 7.111, Education Code; |
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(E) community-based services; |
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(F) mental health screening and clinical |
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assessment; |
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(G) counseling, including private or in-school |
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counseling; or |
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(H) mentoring services; |
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(3) requiring a child to: |
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(A) participate in mediation or other dispute |
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resolution processes; |
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(B) submit to alcohol or drug testing; or |
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(C) substantially comply with a course of |
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treatment prescribed by a physician or other licensed medical or |
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mental health professional; and |
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(4) requiring a child, by court order, to: |
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(A) pay restitution not to exceed $100 for an |
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offense against property under Title 7, Penal Code; |
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(B) perform not more than 20 hours of community |
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service; or |
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(C) perform any other reasonable action |
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determined by the court. |
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(b) A diversion strategy may be imposed under: |
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(1) an intermediate diversion under Article 45.309; |
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(2) a diversion by a justice or judge under Article |
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45.310; or |
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(3) a system of graduated sanctions for certain school |
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offenses under Section 37.144, Education Code. |
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(c) A diversion strategy under this subchapter may not |
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require a child who is a home-schooled student, as defined by |
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Section 29.916, Education Code, to: |
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(1) attend an elementary or secondary school; or |
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(2) use an educational curriculum other than the |
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curriculum selected by the parent. |
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Art. 45.306. YOUTH DIVERSION PLAN. (a) A youth diversion |
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plan is a written plan that describes the types of strategies that |
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will be used to implement youth diversion. A youth diversion plan |
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does not limit the types of diversion strategies that may be imposed |
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under a diversion agreement under Article 45.308. |
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(b) Each justice and municipal court shall adopt a youth |
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diversion plan. |
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(c) A youth diversion plan may be devised for a county or |
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municipality or an individual court within a county or |
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municipality. |
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(d) In accordance with Chapter 791, Government Code, a local |
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government may enter into an agreement with one or more local |
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governments to create a regional youth diversion plan and |
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collaborate in the implementation of this subchapter. |
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(e) A youth diversion plan may include an agreement with a |
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service provider to provide services for a diversion strategy. |
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(f) A youth diversion plan may contain guidelines for |
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disposition or diversion of a child's case by law enforcement. The |
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guidelines are not mandatory. |
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(g) A current youth diversion plan must be maintained on |
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file for public inspection in each justice and municipal court, |
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including courts that collaborate with one or more counties or |
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municipalities. |
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(h) A court or local government may adopt rules necessary to |
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coordinate services under a youth diversion plan or to implement |
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this subchapter. |
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Art. 45.307. YOUTH DIVERSION COORDINATOR. (a) A court may |
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designate a youth diversion coordinator to assist the court in: |
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(1) determining whether a child is eligible for |
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diversion; |
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(2) employing a diversion strategy authorized by this |
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subchapter; |
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(3) presenting and maintaining diversion agreements; |
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(4) monitoring diversions; |
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(5) maintaining records regarding whether one or more |
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diversions were successful or unsuccessful; and |
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(6) coordinating referrals to court. |
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(b) The responsibilities of the youth diversion coordinator |
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may be performed by: |
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(1) a court administrator or court clerk, or a person |
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who regularly performs the duties of court administrator or court |
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clerk; |
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(2) an individual or entity that provides juvenile |
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case manager services under Article 45.056; |
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(3) a court-related services office; |
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(4) a community supervision and corrections |
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department, including a juvenile probation department; |
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(5) a county or municipal employee, including a peace |
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officer; |
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(6) a community volunteer; |
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(7) an institution of higher education, including a |
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public, private, or independent institution of higher education; or |
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(8) a qualified nonprofit organization as determined |
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by the court. |
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Art. 45.308. DIVERSION AGREEMENT. (a) A diversion |
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agreement must identify the parties to the agreement and the |
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responsibilities of the child and the child's parent to ensure |
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their meaningful participation in a diversion under Article 45.309 |
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or 45.310. |
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(b) Stated objectives in a diversion agreement must be |
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measurable, realistic, and reasonable and consider the |
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circumstances of the child, the best interests of the child, and the |
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long-term safety of the community. |
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(c) A diversion agreement must include: |
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(1) the terms of the agreement, including one or more |
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diversions required to be completed by the child, written in a clear |
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and concise manner and identifying any offense or charge being |
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diverted; |
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(2) possible outcomes or consequences of a successful |
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diversion and an unsuccessful diversion; |
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(3) an explanation that participation in a diversion |
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is not an admission of guilt and a guilty plea is not required to |
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participate in a diversion; |
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(4) an explanation of the process that will be used for |
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reviewing and monitoring compliance with the terms of the |
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agreement; |
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(5) the period of the diversion; |
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(6) a verification that: |
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(A) the child and the child's parent were |
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notified of the child's rights, including the right to refuse |
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diversion; and |
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(B) the child knowingly and voluntarily consents |
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to participate in the diversion; and |
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(7) written acknowledgment and acceptance of the |
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agreement by the child and the child's parent. |
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(d) The terms of an agreement may vary depending on the |
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circumstances of the child, including the child's age and ability, |
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the charge being diverted, or the diversion strategy used. |
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(e) A charge may not be filed against a child or, if filed, |
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shall be dismissed by the court if the child: |
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(1) does not contest the charge; |
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(2) is eligible for diversion under Article 45.304; |
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and |
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(3) accepts the terms of the agreement. |
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(f) Entering into a diversion agreement under this article |
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extends the court's jurisdiction for the term of the agreement. |
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(g) On entering into a diversion agreement, a copy of the |
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agreement shall be provided to the child and the child's parent, the |
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clerk of the court, a youth diversion coordinator, and any person |
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specified by the youth diversion plan. |
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Art. 45.309. INTERMEDIATE DIVERSION. (a) If provided by a |
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youth diversion plan, a youth diversion coordinator or juvenile |
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case manager shall advise the child and the child's parent before a |
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case is filed that the case may be diverted under this article for a |
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reasonable period not to exceed 180 days if: |
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(1) the child is eligible for diversion under Article |
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45.304; |
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(2) diversion is in the best interests of the child and |
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promotes the long-term safety of the community; |
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(3) the child and the child's parent consent to |
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diversion with the knowledge that diversion is optional; and |
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(4) the child and the child's parent are informed that |
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they may terminate the diversion at any time and, if terminated, the |
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case will be referred to court. |
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(b) The terms of a diversion agreement under this article |
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must be in writing and may include any of the diversion strategies |
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under Article 45.305. |
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(c) The case of a child who successfully complies with the |
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terms of a diversion agreement under this article shall be closed |
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and reported as successful to the court. |
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(d) A child who does not comply with the terms of a diversion |
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agreement under this article shall be referred to court under |
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Article 45.311. |
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Art. 45.310. DIVERSION BY JUSTICE OR JUDGE. (a) If a |
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charge involving a child who is eligible for diversion is filed with |
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a court, a justice or judge shall divert the case under this article |
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as follows: |
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(1) if the child does not contest the charge, a justice |
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or judge shall divert the case under this article without the child |
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having to enter a plea; or |
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(2) if the child contests the charge, a justice or |
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judge shall divert the case under this article at the conclusion of |
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trial on a finding of guilt without entering a judgment of |
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conviction as provided by Article 45.041. |
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(b) A diversion under this article may not exceed 180 days. |
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(c) The terms of a diversion agreement under this article |
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must be in writing and may include any of the diversion strategies |
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described by Article 45.305. |
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(d) The case of a child who successfully complies with the |
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terms of a diversion agreement under this article shall be closed |
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and reported as successful to the court. |
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(e) A child who does not comply with the terms of a diversion |
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agreement under this article shall be referred to court for a |
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hearing under Article 45.311. |
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Art. 45.311. REFERRAL TO COURT. (a) A court shall conduct |
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a non-adversarial hearing for a child who does not successfully |
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complete the terms of a diversion under Article 45.309 or 45.310 and |
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is referred to the court. |
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(b) The hearing is an opportunity for a justice or judge to |
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confer with the child and the child's parent to determine whether a |
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diversion should be declared unsuccessful by the court. The court |
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may also hear from any person who may be of assistance to the child |
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or the court in determining what is in the best interests of the |
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child and the long-term safety of the community. |
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(c) After the hearing, a court may enter an order: |
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(1) amending or setting aside terms in the diversion |
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agreement; |
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(2) extending the diversion for a period not to exceed |
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one year from the initial start date of the diversion; |
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(3) issuing a continuance for the hearing for a period |
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not to exceed 60 days to allow an opportunity for compliance with |
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the terms of the diversion; |
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(4) subject to Subsection (d), requiring the child's |
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parent to perform any act or refrain from performing any act as the |
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court determines will increase the likelihood the child will |
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successfully complete the diversion and comply with any other order |
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of the court that is reasonable and necessary for the welfare of the |
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child; |
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(5) finding the diversion successful on the basis of |
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substantial compliance; or |
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(6) finding the diversion unsuccessful and: |
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(A) transferring the child to juvenile court for |
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alleged conduct indicating a need for supervision under Section |
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51.08, Family Code; or |
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(B) referring the charge to the prosecutor for |
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consideration of re-filing. |
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(d) An order under Subsection (c)(4) may not have the |
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substantive effect of interfering with a parent's fundamental right |
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to determine how to raise the parent's child, unless the court finds |
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that the interference is necessary to prevent significant |
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impairment of the child's physical, mental, or emotional health. |
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(e) An order under Subsection (c)(4) is enforceable against |
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the parent by contempt. |
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(f) The statute of limitations in Article 12.02(b) is tolled |
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during the diversion period for purposes of Subsection (c)(6)(B). |
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Art. 45.312. LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE. |
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(a) The clerk of a justice or municipal court may collect from a |
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child's parent a $50 administrative fee to defray the costs of the |
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diversion of the child's case under this subchapter. |
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(b) The fee under this article may not be collected unless |
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specified as a term of the diversion agreement accepted by the |
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child's parent. If the fee is not paid after giving the child's |
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parent an opportunity to be heard, the court shall order the parent, |
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if financially able, to pay the fee to the clerk of the court. |
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(c) A court shall waive the fee if the child's parent is |
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indigent or does not have sufficient resources or income to pay the |
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fee. |
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(d) A court may adopt rules for the waiver of a fee for |
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financial hardship under this article. |
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(e) An order under Subsection (b) is enforceable against the |
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parent by contempt. |
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(f) The clerk of the court shall keep a record of the fees |
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collected under this article and shall forward the funds to the |
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county treasurer, municipal treasurer, or person fulfilling the |
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role of a county treasurer or municipal treasurer, as appropriate. |
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(g) The fee collected under this article shall be deposited |
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in a special account that can be used only to offset the cost of the |
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operations of youth diversion programs under this subchapter. |
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(h) Except for the fee authorized under Subsection (a), a |
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fee may not be assessed for a child diverted under this subchapter. |
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(i) The diversion of a child may not be contingent on |
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payment of a fee under this article. |
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Art. 45.313. DIVERSION RECORDS. (a) A justice or |
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municipal court shall maintain statistics for each diversion |
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strategy authorized by this subchapter. |
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(b) Other than statistical records, all records generated |
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under this subchapter are confidential under Article 45.0217. |
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(c) All records of a diversion pertaining to a child under |
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this subchapter shall be expunged without the requirement of a |
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motion or request, on the child's 18th birthday. |
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SECTION 3. Article 45.0215(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Subject to the requirements of Subchapter E, this [This] |
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article applies to a defendant who has not had the disabilities of |
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minority removed and has been: |
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(1) charged with an offense other than an offense |
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under Section 43.261, Penal Code, if the defendant is younger than |
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17 years of age; or |
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(2) charged with an offense under Section 43.261, |
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Penal Code, if the defendant is younger than 18 years of age. |
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SECTION 4. Article 45.041, Code of Criminal Procedure, is |
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amended by adding Subsection (a-2) and amending Subsection (b-3) to |
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read as follows: |
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(a-2) In a case involving a child who is eligible for |
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diversion under Article 45.304 that results in a trial, if the court |
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determines that the evidence presented in a bench trial would |
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support a finding of guilt, or if a jury returns a verdict of |
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guilty, the court shall provide the child and the child's parents |
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the opportunity to accept placement in diversion, under Article |
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45.310, instead of entering an adjudication of guilt. If the child |
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and the child's parents accept the opportunity for placement in |
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diversion under Article 45.310, the court shall place the child in |
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diversion. If the child and the child's parents decline the |
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opportunity for placement in diversion under Article 45.310, the |
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court shall find the child guilty and proceed to sentencing. |
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(b-3) If a diversion is not required under Subchapter E or |
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Subsection (a-2), a [A] judge shall [may] allow a defendant who is a |
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child, as defined by Article 45.058(h), to elect at the time of |
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conviction, as defined by Section 133.101, Local Government Code, |
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to discharge the fine and costs by: |
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(1) performing community service or receiving |
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tutoring under Article 45.049 [45.0492, as added by Chapter 227 |
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(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011]; |
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or |
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(2) paying the fine and costs in a manner described by |
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Subsection (b). |
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SECTION 5. Articles 45.049(f) and (i), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
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(f) A sheriff, employee of a sheriff's department, county |
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commissioner, county employee, county judge, justice of the peace, |
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municipal court judge, or officer or employee of a political |
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subdivision other than a county or an entity that accepts a |
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defendant under this article or Subchapter E to perform community |
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service is not liable for damages arising from an act or failure to |
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act in connection with community service performed by a defendant |
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under this article or Subchapter E if the act or failure to act: |
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(1) was performed pursuant to court order; and |
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(2) was not intentional, wilfully or wantonly |
|
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negligent, or performed with conscious indifference or reckless |
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disregard for the safety of others. |
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(i) A community supervision and corrections department, a |
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local juvenile probation department, or a court-related services |
|
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office may provide the administrative and other services necessary |
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for supervision of a defendant required to perform community |
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service under this article. |
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SECTION 6. Articles 45.056(a), (b), (d), (g), and (h), Code |
|
|
of Criminal Procedure, are amended to read as follows: |
|
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(a) On approval of the commissioners court, city council, |
|
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school district board of trustees, juvenile board, or other |
|
|
appropriate authority, a county court, justice court, municipal |
|
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court, school district, juvenile probation department, or other |
|
|
appropriate governmental entity may: |
|
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(1) employ a juvenile case manager or contract for a |
|
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juvenile case manager to provide services in cases involving: |
|
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(A) youth diversion under Subchapter E; |
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(B) children [juvenile offenders] who are before |
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a court consistent with the court's statutory powers; or |
|
|
(C) children who are referred to a court by a |
|
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school administrator or designee for misconduct that would |
|
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otherwise be within the court's statutory powers prior to a case |
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being filed, with the consent of the juvenile and the juvenile's |
|
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parents or guardians; |
|
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(2) employ or contract for the services of one or more |
|
|
juvenile case managers who: |
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(A) shall assist the court in administering the |
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|
court's juvenile docket and in supervising the court's orders in |
|
|
juvenile cases; and |
|
|
(B) may provide: |
|
|
(i) prevention services to a child |
|
|
considered at risk of entering the juvenile justice system; and |
|
|
(ii) youth diversion [intervention] |
|
|
services to juveniles engaged in misconduct before cases are filed, |
|
|
excluding traffic offenses; or |
|
|
(3) agree in accordance with Chapter 791, Government |
|
|
Code, with any appropriate governmental entity to jointly employ a |
|
|
juvenile case manager, jointly contract for juvenile case manager |
|
|
services, or [to] jointly contribute to the costs of a juvenile case |
|
|
manager or juvenile case manager [employed by one governmental |
|
|
entity to provide] services described by Subdivisions (1) and (2). |
|
|
(b) A local entity may apply or more than one local entity |
|
|
may jointly apply to the criminal justice division of the |
|
|
governor's office for reimbursement of all or part of the costs of |
|
|
employing one or more juvenile case managers or contracting for |
|
|
juvenile case manager services from funds appropriated to the |
|
|
governor's office or otherwise available for purposes of youth |
|
|
diversion [that purpose]. To be eligible for reimbursement, the |
|
|
entity applying must present to the governor's office a |
|
|
comprehensive plan to reduce juvenile crimes in the entity's |
|
|
jurisdiction and a youth diversion plan under Article 45.306 that |
|
|
addresses the role of the juvenile case manager in that effort. |
|
|
(d) The court or governing body may pay from the local youth |
|
|
diversion fund established under Section 134.156, Local Government |
|
|
Code: |
|
|
(1) the salary and benefits of a juvenile case |
|
|
manager; |
|
|
(2) the costs of contracting for juvenile case manager |
|
|
services; and |
|
|
(3) the costs of training, travel, office supplies, |
|
|
and other necessary expenses relating to the position of the |
|
|
juvenile case manager and juvenile case manager services [from the |
|
|
local truancy prevention and diversion fund established under |
|
|
Section 134.156, Local Government Code]. |
|
|
(g) A [The employing] court or governmental entity under |
|
|
this article shall implement the rules adopted under Subsection |
|
|
(f). |
|
|
(h) The commissioners court or governing body of the |
|
|
municipality that administers a local youth [truancy prevention |
|
|
and] diversion fund under Section 134.156, Local Government Code, |
|
|
shall require periodic review of juvenile case managers to ensure |
|
|
the implementation of the rules adopted under Subsection (f). |
|
|
SECTION 7. Article 45.056(c), Code of Criminal Procedure, |
|
|
as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of |
|
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
|
amended to read as follows: |
|
|
(c) An entity that jointly employs a juvenile case manager, |
|
|
jointly contracts for juvenile case manager services, or jointly |
|
|
contributes to the costs of a juvenile case manager or juvenile case |
|
|
manager services under Subsection (a)(3) employs a juvenile case |
|
|
manager for purposes of Chapter 102 of this code and Chapter 102, |
|
|
Government Code. |
|
|
SECTION 8. Article 45.056(e), Code of Criminal Procedure, |
|
|
as amended by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature, |
|
|
Regular Session, 2011, and repealed by Chapter 1098 (S.B. 1489), |
|
|
Acts of the 82nd Legislature, Regular Session, 2011, is reenacted |
|
|
and amended to read as follows: |
|
|
(e) A juvenile case manager [employed under Subsection (c)] |
|
|
shall give priority to cases brought under Section [Sections] |
|
|
25.093 [and 25.094], Education Code, Chapter 65, Family Code, and |
|
|
youth diversion under Subchapter E of this chapter. |
|
|
SECTION 9. The heading to Article 102.014, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Art. 102.014. FINES FOR CHILD SAFETY FUND [IN |
|
|
MUNICIPALITIES]. |
|
|
SECTION 10. Articles 102.014(g) and (h), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(g) In a municipality with a population less than 850,000 |
|
|
according to the most recent federal decennial census, the money |
|
|
collected under this article in a municipal court case must be used |
|
|
for a school crossing guard program if the municipality operates |
|
|
one. If the municipality does not operate a school crossing guard |
|
|
program or if the money received from fines from municipal court |
|
|
cases exceeds the amount necessary to fund the school crossing |
|
|
guard program, the municipality may: |
|
|
(1) deposit the additional money in an |
|
|
interest-bearing account; |
|
|
(2) expend the additional money for programs designed |
|
|
to enhance child safety, health, or nutrition, including child |
|
|
abuse prevention and intervention, youth diversion, and drug and |
|
|
alcohol abuse prevention; or |
|
|
(3) expend the additional money for programs designed |
|
|
to enhance public safety and security. |
|
|
(h) Money collected under this article in a justice, county, |
|
|
or district court shall be used to fund school crossing guard |
|
|
programs in the county where they are collected. If the county does |
|
|
not operate a school crossing guard program, the county may: |
|
|
(1) remit fine revenues to school districts in its |
|
|
jurisdiction for the purpose of providing school crossing guard |
|
|
services; |
|
|
(2) fund programs the county is authorized by law to |
|
|
provide which are designed to enhance child safety, health, or |
|
|
nutrition, including child abuse prevention and intervention, |
|
|
youth diversion, and drug and alcohol abuse prevention; |
|
|
(3) provide funding to the sheriff's department for |
|
|
school-related activities; |
|
|
(4) provide funding to the county juvenile probation |
|
|
department; or |
|
|
(5) deposit the money in the general fund of the |
|
|
county. |
|
|
SECTION 11. Article 102.0171, Code of Criminal Procedure, |
|
|
is amended by amending Subsections (a) and (c) and adding |
|
|
Subsection (e) to read as follows: |
|
|
(a) A defendant convicted of an offense under Section 28.08, |
|
|
Penal Code, in a municipal court, justice court, county court, |
|
|
county court at law, or district court shall pay a fine of $50 for |
|
|
juvenile delinquency prevention and graffiti eradication. |
|
|
(c) The clerks of the respective courts shall collect the |
|
|
fines and pay the fines to the county treasurer, municipal |
|
|
treasurer, or to any other official who discharges the duties |
|
|
commonly delegated to the county or municipal treasurer for deposit |
|
|
in a fund to be known as the county juvenile delinquency prevention |
|
|
fund or municipal juvenile delinquency prevention fund. A fund |
|
|
designated by this subsection may be used only to: |
|
|
(1) repair damage caused by the commission of offenses |
|
|
under Section 28.08, Penal Code; |
|
|
(2) provide educational and intervention programs and |
|
|
materials, including printed educational materials for |
|
|
distribution to primary and secondary school students, designed to |
|
|
prevent individuals from committing offenses under Section 28.08, |
|
|
Penal Code; |
|
|
(3) provide to the public rewards for identifying and |
|
|
aiding in the apprehension and prosecution of offenders who commit |
|
|
offenses under Section 28.08, Penal Code; |
|
|
(4) provide funding for teen recognition and teen |
|
|
recreation programs; |
|
|
(5) provide funding for local teen court programs; |
|
|
(6) provide funding for the local juvenile probation |
|
|
department; [and] |
|
|
(7) provide educational and intervention programs |
|
|
designed to prevent juveniles from engaging in delinquent conduct; |
|
|
and |
|
|
(8) provide funding for youth diversion under |
|
|
Subchapter E, Chapter 45. |
|
|
(e) The municipal juvenile delinquency prevention fund |
|
|
shall be administered by or under the direction of the governing |
|
|
body of a municipality. |
|
|
SECTION 12. Section 264.302(e), Family Code, is amended to |
|
|
read as follows: |
|
|
(e) The department shall provide services for a child and |
|
|
the child's family if a contract to provide services under this |
|
|
section is available in the county and the child is referred to the |
|
|
department as an at-risk child by: |
|
|
(1) a juvenile court or probation department as part |
|
|
of a progressive sanctions program under Chapter 59; |
|
|
(2) a law enforcement officer or agency under Section |
|
|
52.03; or |
|
|
(3) a justice or municipal court under Article 45.057, |
|
|
45.309, or 45.310, Code of Criminal Procedure. |
|
|
SECTION 13. Section 22.1105(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Each judge of a court with jurisdiction to hear a |
|
|
complaint against a child alleging a violation of a misdemeanor |
|
|
offense punishable by fine only, other than a traffic offense or |
|
|
public intoxication or a violation of a penal ordinance of a |
|
|
political subdivision other than a traffic offense, shall complete |
|
|
a course of instruction related to youth diversion and |
|
|
understanding relevant issues of child welfare, including issues |
|
|
related to mental health and children with disabilities, [and the |
|
|
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
|
|
et seq.)] every judicial academic year that ends in a 0 or a 5. |
|
|
SECTION 14. Section 133.102(e), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(e) The comptroller shall allocate the court costs received |
|
|
under this section to the following accounts and funds so that each |
|
|
receives to the extent practicable, utilizing historical data as |
|
|
applicable, the same amount of money the account or fund would have |
|
|
received if the court costs for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) crime stoppers assistance account |
|
|
0.2427 percent; |
|
|
(2) breath alcohol testing account |
|
|
0.3900 percent; |
|
|
(3) Bill Blackwood Law Enforcement Management |
|
|
Institute account |
|
|
1.4741 percent; |
|
|
(4) Texas Commission on Law Enforcement account |
|
|
3.4418 percent; |
|
|
(5) law enforcement and custodial officer supplement |
|
|
retirement trust fund |
|
|
7.2674 percent; |
|
|
(6) criminal justice planning account |
|
|
8.5748 percent; |
|
|
(7) an account in the state treasury to be used only |
|
|
for the establishment and operation of the Center for the Study and |
|
|
Prevention of Juvenile Crime and Delinquency at Prairie View A&M |
|
|
University |
|
|
0.8540 percent; |
|
|
(8) compensation to victims of crime account |
|
|
24.6704 percent; |
|
|
(9) emergency radio infrastructure account |
|
|
3.6913 percent; |
|
|
(10) judicial and court personnel training account |
|
|
3.3224 percent; |
|
|
(11) an account in the state treasury to be used for |
|
|
the establishment and operation of the Correctional Management |
|
|
Institute of Texas and Criminal Justice Center account [Account] |
|
|
0.8522 percent; |
|
|
(12) fair defense account |
|
|
17.8857 percent; |
|
|
(13) judicial fund |
|
|
12.2667 percent; |
|
|
(14) DNA testing account |
|
|
0.1394 percent; |
|
|
(15) specialty court account |
|
|
1.0377 percent; |
|
|
(16) statewide electronic filing system account |
|
|
0.5485 percent; |
|
|
(17) jury service fund |
|
|
6.4090 percent; |
|
|
(18) youth [truancy prevention and] diversion account |
|
|
2.5956 percent; and |
|
|
(19) transportation administrative fee account |
|
|
4.3363 percent. |
|
|
SECTION 15. Section 133.125, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 133.125. ALLOCATION OF FEES TO YOUTH [TRUANCY |
|
|
PREVENTION AND] DIVERSION ACCOUNT. (a) The youth [truancy |
|
|
prevention and] diversion account is a dedicated account in the |
|
|
general revenue fund. The account consists of money allocated to |
|
|
the account under Section 133.102(e). |
|
|
(b) The legislature may appropriate money from the youth |
|
|
[truancy prevention and] diversion account only to the criminal |
|
|
justice division of the governor's office for distribution to local |
|
|
governmental entities for youth diversion [truancy prevention and |
|
|
intervention] services. |
|
|
(c) A local governmental entity may request funds from the |
|
|
criminal justice division of the governor's office for providing |
|
|
youth diversion [truancy prevention and intervention] services. |
|
|
The division may award the requested funds based on the |
|
|
availability of appropriated funds and subject to the application |
|
|
procedure and eligibility requirements specified by division rule. |
|
|
SECTION 16. Section 134.103(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The treasurer shall allocate the court costs received |
|
|
under this section to the following accounts and funds so that each |
|
|
receives to the extent practicable, utilizing historical data as |
|
|
applicable, the same amount of money the account or fund would have |
|
|
received if the court costs for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the courthouse security fund or municipal court |
|
|
building security fund, as appropriate |
|
|
35 percent; |
|
|
(2) the local youth [truancy prevention and] diversion |
|
|
fund |
|
|
35.7143 percent; |
|
|
(3) the justice court technology fund or municipal |
|
|
court technology fund, as appropriate |
|
|
28.5714 percent; and |
|
|
(4) the county or municipal jury fund, as appropriate |
|
|
0.7143 percent. |
|
|
SECTION 17. The heading to Section 134.156, Local |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 134.156. LOCAL YOUTH [TRUANCY PREVENTION AND] |
|
|
DIVERSION FUND. |
|
|
SECTION 18. Section 134.156, Local Government Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) In a county or municipality that employs or contracts |
|
|
with a juvenile case manager under Article 45.056, Code of Criminal |
|
|
Procedure, money [Money] allocated under Section 134.103 to the |
|
|
local youth [truancy prevention and] diversion fund maintained in |
|
|
the county or municipal treasury as required by Section 134.151 may |
|
|
be used by a county or municipality to finance the salary, benefits, |
|
|
training, travel expenses, office supplies, and other necessary |
|
|
expenses relating to the position of a juvenile case manager |
|
|
[employed under Article 45.056, Code of Criminal Procedure]. If |
|
|
there is money in the fund after those costs are paid, subject to |
|
|
the direction of the governing body of the county or municipality |
|
|
and on approval by the employing court, a juvenile case manager may |
|
|
direct the remaining money to be used to implement programs |
|
|
directly related to the duties of the juvenile case manager, |
|
|
including juvenile alcohol and substance abuse programs, |
|
|
educational and leadership programs, and any other projects |
|
|
designed to prevent or reduce the number of juvenile referrals to |
|
|
the court. |
|
|
(a-1) In a county or municipality that does not employ or |
|
|
contract with a juvenile case manager, the governing body of the |
|
|
county or municipality, in consultation with the court, may direct |
|
|
money described by Subsection (a) to be used for the support of a |
|
|
local mental health authority, juvenile alcohol and substance abuse |
|
|
programs, educational and leadership programs, teen court |
|
|
programs, and any other project designed to prevent or reduce the |
|
|
number of juvenile referrals to the court. |
|
|
SECTION 19. Not later than January 1, 2025, each justice and |
|
|
municipal court shall implement a youth diversion plan under |
|
|
Subchapter E, Chapter 45, Code of Criminal Procedure, as added by |
|
|
this Act. |
|
|
SECTION 20. The changes in law made by this Act apply only |
|
|
to an offense committed on or after January 1, 2025. An offense |
|
|
committed before January 1, 2025, is governed by the law in effect |
|
|
on the date the offense was committed, and the former law is |
|
|
continued in effect for that purpose. For purposes of this section, |
|
|
an offense was committed before January 1, 2025, if any element of |
|
|
the offense occurred before that date. |
|
|
SECTION 21. This Act takes effect January 1, 2024. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3186 was passed by the House on May 9, |
|
|
2023, by the following vote: Yeas 135, Nays 2, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3186 was passed by the Senate on May |
|
|
18, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |