Highlights 77th Texas Legislature - Senate

______________ C RIMINAL
USTICE /Juveniles
RIMINAL JUSTICE
77 th Texas Legislature
• the youth becomes 18, if the most serious allegation or adjudication in the case was conduct
indicating a need for supervision (CINS) or was administrative in nature and did not charge
delinquent conduct or CINS;
• the youth becomes 21, if the most serious allegation or adjudication was a jailable misdemeanor or
the most serious allegation was a felony, but no felony adjudication occurred; or
• when the youth becomes 31, if the most serious allegation adjudicated was a felony.
Hearing to Determine Need for Sex Offender Registration of a Juvenile
Authorizes the juvenile court, on the youth's motion, to excuse the youth's compliance with sex offender
registration requirements, in this state and in other states, if the court finds after a hearing on the matter
that the protection of the public would not be increased by registration or that any potential increase would
be clearly outweighed by the anticipated substantial harm of registration to the youth and the youth's family.
Authorizes the court, after hearing or under a plea agreement, to defer a decision regarding registration
until the youth has completed a sex offender treatment program as a condition of probation or while
committed to TYC. Authorizes the court, then, to require or to excuse registration at any time during the
treatment program or on its completion. During the period of deferral, registration may not be required.
Authorizes the court, after hearing or under a plea agreement, to enter an order requiring registration but
providing that the registration information be available only for use of law enforcement and criminal justice
agencies and not be posted on the Internet or released to the public.
Provides that the Act applies to a youth adjudicated for an offense for which registration is required and
applies without regard to whether the offense and adjudication occurred before, on, or after the Act’s
effective date.
Timely Appointment of Counsel
Requires the appointment of counsel for youth from indigent families at the time of the initial detention
hearing or immediately thereafter when the youth are detained and within five working days following the
filing of a petition in the case when the youth are not detained.
Requires such appointment within five working days of the filing of a motion or petition to modify disposition
to commit a youth to TYC or to place a youth in a secure correctional facility.
Once appointed, requires that the attorney in all cases continue to represent the youth until the case is
terminated, the family retains counsel, or new counsel is appointed.
Senate Research Center 60