Highlights 77th Texas Legislature - Senate

______________ C RIMINAL
Justice and Municipal Courts
USTICE /Juveniles
RIMINAL JUSTICE
77 th Texas Legislature
Authorizes a justice or municipal court (with written consent of the city council or commissioners court),
individually or jointly with other justice or municipal courts, to employ a case manager for juvenile cases
and, if it does so, to retain jurisdiction over the third fine-only offense committed by a youth instead of
transferring the case to juvenile court.
Authorizes a justice or municipal court to impose up to a $500 fine, order nonsecure custody for a single
period of time not to exceed six hours, or order a driver's license suspension if a person violates a court
order, including a violation that occurs after age 17 that was imposed on the person when the person was
younger than age 17 or a violation that occurs before age 17, but the contempt proceedings could not be
held until after age 17. Prohibits any term of confinement. Prohibits transfer to juvenile court as a penalty
for contempt after the person reaches age 17. Deletes the definition of "child" in Section 52.027(i), Family
Code, to conform with this provision relating to children younger than age 17 (instead of age 18).
TYC Commitment Criteria
Authorizes commitment to the Texas Youth Commission following an adjudication of a Class A or Class B
misdemeanor if there has been at least one previous felony adjudication.
Provides that this applies only to a disposition made on or after the effective date of this Act without regard
to whether previous adjudications occurred before, on, or after the effective date.
Temporary Custody for Fingerprints and Photographs
Authorizes a law enforcement officer having probable cause to believe that a child has engaged in
delinquent conduct and the child’s fingerprints will match latent prints or the child’s photograph will
materially assist the investigation to take temporary custody of the child in order to take the fingerprints or
photographs.
Requires the child’s immediate release when fingerprints and photographs have been secured, without
information related to the temporary custody being entered in the Juvenile Justice Information System.
Requires the law enforcement officer to immediately destroy the fingerprints and photographs if they do not
lead to a positive comparison or identification and to make a reasonable effort to notify parents, guardians,
or custodians of the actions taken.
Authorizes fingerprinting and photographing of a runaway child if necessary to determine the child’s
identity. Once the child is identified or once it is determined the child cannot be identified by them, the
fingerprints or photographs must be destroyed.
Senate Research Center 61