HB4923 - Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.

  89R1558 MCF-D     By: Moody H.B. No. 4923       A BILL TO BE ENTITLED   AN ACT   relating to status offenses committed by a child, including the   repeal of the status offense of a child voluntarily running away   from home.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45A.463(g), Code of Criminal Procedure,   is amended to read as follows:          (g)  The court shall order the conviction, together with all   complaints, verdicts, sentences, and prosecutorial and law   enforcement records, and any other documents relating to the   offense, expunged from the person's record if the court finds that:                (1)  for a person applying for the expunction of a   conviction for an offense described by Section 8.07(a)(4) or (5),   Penal Code, the person was not convicted of any other offense   described by those subdivisions while the person was a child; and                (2)  for a person applying for the expunction of a   conviction for an offense described by Section 43.261, Penal Code,   the person was not found to have engaged in conduct indicating a   need for supervision described by Section 51.03(b)(5)     [ 51.03(b)(6) ], Family Code, while the person was a child.          SECTION 2.  Section 33.051(2), Education Code, is amended to   read as follows:                (2)  "Missing child" means a child whose whereabouts   are unknown to the legal custodian of the child and:                      (A)  the circumstances of whose absence indicate   that the child did not voluntarily leave the care and control of the   custodian and that the taking of the child was not authorized by   law; or                      (B)  the child has voluntarily left the child's   home without the consent of the custodian for a substantial length   of time or without intent to return [ engaged in conduct indicating a   need for supervision under Section 51.03(b)(2), Family Code ].          SECTION 3.  Section 51.02, Family Code, is amended by   amending Subdivision (15) and adding Subdivision (15-a) to read as   follows:                (15)  "Status offender" means a child who is accused,   adjudicated, or convicted of a status offense.                 (15-a) "Status offense" means [ for ] conduct a child   commits that would not, under state law, be a crime if committed by   an adult, including:                      (A)  [ running away from home under Section   51.03(b)(2);                      [ (B) ]  a fineable only offense under Section   51.03(b)(1) transferred to the juvenile court under Section   51.08(b), but only if the conduct constituting the offense would   not have been criminal if engaged in by an adult;                       (B)  [ (C) ]  a violation of standards of student   conduct as described by Section 51.03(b)(3) [ 51.03(b)(4) ];                       (C)  [ (D) ]  a violation of a provision of the   Alcoholic Beverage Code applicable to minors only; or                       (D)  [ (E) ]  a violation of any other fineable only   offense under Section 8.07(a)(4) or (5), Penal Code, but only if the   conduct constituting the offense would not have been criminal if   engaged in by an adult.          SECTION 4.  Section 51.03(b), Family Code, is amended to   read as follows:          (b)  Conduct indicating a need for supervision is:                (1)  subject to Subsection (f), conduct, other than a   traffic offense, that violates:                      (A)  the penal laws of this state of the grade of   misdemeanor that are punishable by fine only; or                      (B)  the penal ordinances of any political   subdivision of this state;                (2)  [ the voluntary absence of a child from the child's   home without the consent of the child's parent or guardian for a   substantial length of time or without intent to return;                [ (3) ]  conduct prohibited by city ordinance or by state   law involving the inhalation of the fumes or vapors of paint and   other protective coatings or glue and other adhesives and the   volatile chemicals itemized in Section 485.001, Health and Safety   Code;                 (3)  [ (4) ]  an act that violates a school district's   previously communicated written standards of student conduct for   which the child has been expelled under Section 37.007(c),   Education Code;                 (4)  [ (5) ]  notwithstanding Subsection (a)(1), conduct   described by Section 43.02 or 43.021, Penal Code;                 (5)  [ (6) ]  notwithstanding Subsection (a)(1), conduct   that violates Section 43.261, Penal Code; or                 (6)  [ (7) ]  notwithstanding Subsection (a)(1), conduct   that violates Section 42.0601, Penal Code, if the child has not   previously been adjudicated as having engaged in conduct violating   that section.          SECTION 5.  Section 51.12, Family Code, is amended by adding   Subsection (a-1) to read as follows:           (a-1)     Notwithstanding any other provision of this section,   a child may only be detained in an office or place described by   Subsection (a)(1) or (2) or a nonsecure correctional facility that   meets the conditions of Subsections (j-1)(1), (3), and (4) if the   child is accused only of a status offense.          SECTION 6.  Section 51.13(e), Family Code, is amended to   read as follows:          (e)  A finding that a child engaged in conduct indicating a   need for supervision as described by Section 51.03(b)(5)     [ 51.03(b)(6) ] is a conviction only for the purposes of Sections   43.261(c) and (d), Penal Code.          SECTION 7.  Section 52.02(a), Family Code, is amended to   read as follows:          (a)  Except as provided by Subsection (c), a person taking a   child into custody, without unnecessary delay and without first   taking the child to any place other than a juvenile processing   office designated under Section 52.025, shall do one of the   following:                (1)  release the child to a parent, guardian, custodian   of the child, or other responsible adult upon that person's promise   to bring the child before the juvenile court as requested by the   court;                (2)  bring the child before the office or official   designated by the juvenile board if there is probable cause to   believe that the child engaged in delinquent conduct, conduct   indicating a need for supervision, or conduct that violates a   condition of probation imposed by the juvenile court;                (3)  bring the child to a detention facility designated   by the juvenile board;                (4)  bring the child to a secure detention facility as   provided by Section 51.12(j) , unless the child is accused only of a   status offense ;                (5)  bring the child to a medical facility if the child   is believed to suffer from a serious physical condition or illness   that requires prompt treatment;                (6)  dispose of the case under Section 52.03; [ or ]                (7)  if school is in session and the child is a student,   bring the child to the school campus to which the child is assigned   if the principal, the principal's designee, or a peace officer   assigned to the campus agrees to assume responsibility for the   child for the remainder of the school day ; or                 (8)  if the child is accused only of a status offense:                       (A)     bring the child to a place of nonsecure   custody in compliance with Articles 45A.453(d), (e), and (f), Code   of Criminal Procedure; or                       (B)     if a juvenile processing office or place of   nonsecure custody is not available, bring the child to a nonsecure   correctional facility that meets the conditions of Sections   51.12(j-1)(1), (3), and (4) .          SECTION 8.  Section 54.011, Family Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The detention hearing for a [ status offender or ]   nonoffender who has not been released administratively under   Section 53.02 shall be held before the 24th hour after the time the   child arrived at a detention facility, excluding hours of a weekend   or a holiday. Except as otherwise provided by this section, the   judge or referee conducting the detention hearing shall release the   [ status offender or ] nonoffender from secure detention.           (a-1)     If a child is accused only of a status offense, the   child may not be detained at a place of nonsecure custody for longer   than six hours, or at a nonsecure correctional facility for longer   than 24 hours, after the time the child arrived at the place of   detention. If the child is not released before the sixth hour after   the time the child arrived at the place of detention, the child is   entitled to a detention hearing that must be held before the 24th   hour after the time the child arrived at the place of detention,   excluding weekends and holidays. Except as otherwise provided by   this section, the judge or referee conducting the detention hearing   shall release the child from detention.          SECTION 9.  Section 54.04(o), Family Code, is amended to   read as follows:          (o)  In a disposition under this title:                (1)  a status offender may not, under any   circumstances, be committed to the Texas Juvenile Justice   Department for engaging in conduct that would not, under state or   local law, be a crime if committed by an adult;                (2)  a status offender may not, under any circumstances   [ other than as provided under Subsection (n) ], be placed in a   post-adjudication secure correctional facility; and                (3)  a child adjudicated for contempt of a county,   justice, or municipal court order may not, under any circumstances,   be placed in a post-adjudication secure correctional facility or   committed to the Texas Juvenile Justice Department for that   conduct.          SECTION 10.  Section 54.0404(a), Family Code, is amended to   read as follows:          (a)  If a child is found to have engaged in conduct   indicating a need for supervision described by Section 51.03(b)(5)     [ 51.03(b)(6) ], the juvenile court may enter an order requiring [Text truncated for display. 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