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§ Establishes "zero tolerance" for juveniles
driving while intoxicated. Defines an individual under the age
of 21 with a blood alcohol content (BAC) of .00 percent or higher
to be driving under the influence of alcohol. (Texas currently
allows drivers under the age of 21 to drive a motor vehicle with
a BAC of up to .07.)
§ Increases the penalty for those under the age of 17 for
the first and second offense of driving while intoxicated from
conduct indicating a need for supervision to delinquent conduct.
§ Increases the penalties for all alcohol-related offenses
by a minor, including possession, attempt to acquire, and consumption
of alcohol. The penalties include suspension of a minor's driver's
license, increased fines, participation in an alcohol awareness
class, mandatory community service, and possibly jail on a third
offense.
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§ Modifies current law for a minor between 15 and 17 years
of age who operates a motor vehicle on a public road or highway,
street or alley in a municipality, or public beach.
§ Allows a minor to be prosecuted for an accident involving:
§ personal injury or death;
§ damage to a vehicle; or
§ striking an unattended vehicle.
§ Makes it an offense for a person under 21 years of age
to possess any document deceptively similar to a driver's license
or identification certificate with the intent of representing
that the person is 21 years of age or older.
§ Makes it a Class A misdemeanor to possess with the intent
to sell, distribute, or deliver a forged or counterfeit driver's
license, personal identification certificate, or any other instrument
not printed, manufactured, sold, circulated, or issued by or under
the direction of Texas law, another state, the United States,
or a Canadian province.
§ Makes it a Class C misdemeanor possess with the intent
to use, circulate, or pass a forged or counterfeit instrument
that the person knows is not printed, manufactured, sold, circulated,
or issued by or under the direction of Texas law, another state,
the United States, or a Canadian province.
§ Makes it a third-degree felony to manufacture or produce
with the intent to sell, distribute, or deliver a forged or counterfeit
instrument that the person knows is not printed, manufactured,
sold, circulated, or issued by or under the direction of Texas
law, another state, the United States, or a Canadian province.
§ Strikes language providing that a person who is subpoenaed
and testifies about an offense of distribution or manufacture
of a counterfeit instrument cannot be prosecuted for the offense.
§ Expands the definition of "victim" to include
any person that suffers a monetary loss, personal injury, or harm
resulting from the delinquent conduct of a juvenile.
§ Requires the Texas Commission on Alcohol and Drug Abuse
to regulate, coordinate, and provide training for alcohol awareness
courses required to be attended by minors convicted of certain
alcohol purchase, consumption, or possession provisions.
§ Allows the Department of Public Safety to disseminate
to the public, information relating to a juvenile offender who
has escaped from the custody of the Texas Youth Commission (TYC),
including the juvenile offender's name or aliases, physical description,
photograph, and the conduct or offense, which caused the offender
to be committed to TYC.
§ Authorizes the court or the Texas Juvenile Probation Commission
(commission) to require, as a condition of a juvenile's probation
or release, that juvenile sex offenders attend psychological counseling
sessions for sex offenders and submit to a polygraph examination
to determine the juvenile's treatment progress, if the offending
conduct was perpetrated against a child.
§ Authorizes the court or the commission to order the parent
or guardian of the offending child to attend four sessions relating
to sexual offense, family communication skills, sex offender treatment,
victims' rights, parental supervision, and appropriate sexual
behavior.
§ Requires the court to give a minimum of two years probation
to a juvenile who commits certain sex offenses punishable as
felonies.
§ Authorizes the court or the commission to extend the probation
as necessary to allow the juvenile to complete the required counseling,
except that the probation may not be extended past the juvenile's
18th birthday.
§ Requires the sex offender program treating the juvenile
to report to the local juvenile probation department supervising
the total number of counseling sessions attended by the child.
Requires program representatives to provide the reason for the
juvenile's termination or that the reason is unknown, if the juvenile
terminates treatment prior to completion.
§ Prohibits the Department of Public Safety from issuing
a license to a juvenile who has been reported by a court for failure
to appear in court or pay a fine in connection with a misdemeanor,
including a misdemeanor under a municipal ordinance.
§ Makes a number of clarifying and technical amendments
to the Juvenile Justice Code:
§ Authorizes a prosecutor to refer a petition to a grand
jury in which the petition was filed if the juvenile is accused
of committing arson and if bodily injury or death is suffered
by anyone as a result of the accused conduct;
§ Streamlines statutory warning requirements;
§ Authorizes the Texas Youth Commission (TYC) to accept
offenders with mental illness and requires TYC to discharge offenders
with mental disorders under certain circumstances;
§ Amends progressive sanctions guidelines;
§ Makes amendments related to the maintenance and release
of information in youth records;
§ Establishes the Center for the Study and Prevention of
Juvenile Crime and Delinquency at Prairie View A&M University;
and
§ Sets forth requirements for the construction or operation
of a correctional or rehabilitation facility within a certain
distance of a residential zoning area.
§ Requires a report of alleged abuse or neglect to be made
to a local law enforcement agency for investigation, if the abuse
or neglect takes place in:
§ a public or private juvenile pre-adjudication secure detention
facility, including hold-over facilities; or
§ a public or private juvenile post-adjudication secure
correctional facility, except for a facility operated solely for
children committed to the Texas Youth Commission,
§ Requires the local law enforcement agency to immediately
notify the Texas Juvenile Probation Commission of any report the
agency receives.
§ Provides for the continuation and functions of the Texas
Juvenile Probation Commission (TJPC) until September 1, 2009.
§ Requires local juvenile probation departments to use the
standard assessment tool developed by TJPC or a similar tool developed
by a juvenile probation department and approved by the TJPC, for
the initial assessment of children under the jurisdiction of probation
departments.
§ Requires TJPC to adopt rules regarding information collection,
reporting standards, performance measures, and case management
standards for local juvenile probation departments.
§ Requires TJPC to monitor local probation departments for
compliance with the standards and measures that TJPC adopts, and
provide technical assistance to local probation departments to
aid compliance.
§ Sets forth standards for a contract between TJPC and a
county for local probation services.
§ Requires TJPC to establish a formal program to monitor
contracts made by the commission.
§ Requires TJPC to identify areas in which federal Medicaid
program benefits could be used in a manner that is cost-effective
for children in the juvenile system, to encourage application
for Medicaid benefits, to provide technical assistance to and
monitor a county's application for and use of Medicaid.
§ Provides that the only entities, other than the state,
authorized to operate a correctional facility to house out-of-state
juvenile inmates in this state are a county or municipality and
a private vendor operating certain correctional facilities.
§ Requires TJPC to develop rules, procedures, and minimum
standards applicable to county or private correctional facilities
housing out-of-state juvenile inmates.
§ Requires a contract to require the county, municipality,
or private vendor to operate the facility in compliance with minimum
standards adopted by TJPC.
§ Updates standard language developed by the Sunset Commission
regarding qualifications, terms of appointment, and training for
members of TJPC, and regarding program and service accessibility.
§ Requires the Texas Juvenile Probation Commission (TJPC)
to set standards for and operate a registry of public and private
juvenile pre-adjudication and post-adjudication secure facilities,
except for those operated or certified by the Texas Youth Commission.
Requires TJPC to annually inspect these facilities.
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