Highlights 77th Texas Legislature - Senate

______________ C RIMINAL
Miscellaneous
USTICE /Juveniles
RIMINAL JUSTICE
77 th Texas Legislature
Sets forth responsibilities of juvenile boards, juvenile courts, and juvenile probation departments.
Requires that jury selection in determinate sentence cases be in accordance with criminal statutes,
including giving the state and defendant each ten strikes, instead of the six allocated under the civil rules.
Authorizes the juvenile court to appoint an administrative body (rather than the court) to conduct yearly
permanency planning hearings that may be required by federal regulations for children placed outside the
home in foster care with federal Title IV-E funds.
Requires that a thumbprint be (and permits a photograph to be) affixed to the order in jailable misdemeanor
cases just as is currently required in felony cases, because both can now be used in the punishment phase
of adult proceedings.
Prohibits confinement in a post-adjudication secure correctional facility for a first-time status offense and
prohibits such confinement or TYC commitment for a child adjudicated for contempt of a justice or
municipal court.
Requires that the Texas Department of Mental Health and Mental Retardation provide the same standard
of care for services ordered by the juvenile court as are provided for other court-ordered services, except
that the intent-to-discharge notice must be sent to the juvenile court by certified mail, return receipt
requested, at least 10 days prior to discharge by mental health facilities and at least 20 days prior to
discharge or furlough by residential care facilities.
Provides a simple, no cost process for expunging a person's justice and municipal court records on or after
age 17 when the records relate to a case handled prior to age 17 that involved only one jailable
misdemeanor (other than public intoxication) or one violation of a local ordinance. The person need only
submit an unsworn written request to the court stating that the person had no other convictions involving
these offenses before age 17. If the court finds that true, it must order all documents relating to the offense
expunged from the person's record. This process would replace Article 58.01, Code of Criminal Procedure,
related to mandatory sealing. The same process may be used to expunge records of a person under 17
that involved a complaint that was dismissed under Sections 261.103(a) and 261.405, Family Code.
Requires that when a person sentenced to commitment to TYC for capital murder is transferred to TDCJ,
the person become eligible for parole in accordance with provisions applicable to Section 3g (Article 42.12,
CCP) offenses or an offense in which a deadly weapon finding has been made.
Extends the prohibition against a juvenile probation officer's carrying a firearm on duty to include juvenile
detention and correctional officers as well. This provision does not apply to TYC employees.
Includes employees of a facility operated by or under contract with a juvenile board to the list of correctional
and peace officers for whom it is an offense to knowingly deny or impede a person in custody in the
exercise of their rights (Class A Misdemeanor) or to engage in sexual contact, sexual intercourse, or
deviate sexual intercourse with a person in custody (State Jail Felony).
-excerpt from summary provided by Neil Nichols, General Counsel, TYC
Senate Research Center 62