Bill Text: TX HB4606 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to youth diversion programs for children accused of certain fine-only offenses and related criminal justice matters; authorizing and imposing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2019-05-14 - Referred to Criminal Justice [HB4606 Detail]

Download: Texas-2019-HB4606-Introduced.html
  86R8771 LHC-F
 
  By: White H.B. No. 4606
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to youth diversion programs for children accused of
  certain fine-only offenses and related criminal justice matters;
  authorizing and imposing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 45, Code of Criminal Procedure, is
  amended by adding Subchapter E to read as follows:
  SUBCHAPTER E. YOUTH DIVERSION
         Art. 45.301.  DEFINITIONS.  In this subchapter:
               (1)  "Charge" means a formal or informal allegation of
  an offense, including a citation, written promise to appear,
  complaint, or pending complaint.
               (2)  "Child" has the meaning assigned by Article
  45.058(h).
               (3)  "Diversion" means an intervention strategy that
  redirects a child from formal criminal prosecution and holds the
  child accountable for the child's actions. The term includes
  diversion under Article 45.310, 45.311, 45.313, or 45.314.
               (4)  "Offense" means a Class C misdemeanor other than a
  traffic offense.
               (5)  "Parent" has the meaning assigned by Article
  45.057(a).
               (6)  "Service provider" means a governmental agency,
  political subdivision, open-enrollment charter school, nonprofit
  organization, or other entity that provides services to children or
  families.
               (7)  "Youth diversion plan" means a plan adopted under
  Article 45.306.
         Art. 45.302.  APPLICABILITY. This subchapter applies only
  to a child who is alleged to have engaged in conduct that
  constitutes a Class C misdemeanor other than a traffic offense.
         Art. 45.303.  TRANSFER TO JUVENILE COURT NOT AFFECTED.
  Nothing in this subchapter precludes:
               (1)  a case involving a child from being referred,
  adjudicated, or disposed of as conduct indicating a need for
  supervision under Title 3, Family Code; or
               (2)  a waiver of criminal jurisdiction and transfer of
  a child's case as provided by Section 51.08, Family Code.
         Art. 45.304.  DIVERSION ELIGIBILITY. (a)  Except as
  provided by Subsection (b), a child shall be diverted from formal
  criminal prosecution as provided by this subchapter.
         (b)  A child who is 15 years of age or older at the time the
  child is alleged to have engaged in conduct that constitutes an
  offense is not eligible for diversion if the child has previously
  had two unsuccessful diversions under this subchapter for unrelated
  offenses.
         Art. 45.305.  DIVERSION STRATEGIES. (a)  Diversion
  strategies include:
               (1)  requiring a child to participate in a program,
  including:
                     (A)  a court-approved teen court program operated
  by a service provider;
                     (B)  a school-related program;
                     (C)  an educational program, including an alcohol
  awareness program approved by the Texas Department of Licensing and
  Regulation or a tobacco awareness program or a drug education
  program approved by the Department of State Health Services;
                     (D)  a rehabilitation program; or
                     (E)  a self-improvement program, including a
  program relating to self-esteem, leadership, self-responsibility,
  empathy, parenting, parental responsibility, manners, violence
  avoidance, anger management, life skills, wellness, or dispute
  resolution;
               (2)  referring the child to a service provider for
  services, including:
                     (A)  at-risk youth services under Subchapter D,
  Chapter 264, Family Code;
                     (B)  juvenile case manager services under Article
  45.056;
                     (C)  work and job skills training, including job
  interviewing and work preparation;
                     (D)  academic monitoring or tutoring, including
  preparation for a high school equivalency examination administered
  under Section 7.111, Education Code;
                     (E)  community-based services;
                     (F)  mental health screening and clinical
  assessment;
                     (G)  counseling, including private or in-school
  counseling; or
                     (H)  mentoring services;
               (3)  requiring a child to:
                     (A)  participate in mediation or other dispute
  resolution processes;
                     (B)  submit to alcohol or drug testing; or
                     (C)  substantially comply with a course of
  treatment prescribed by a physician or other licensed medical or
  mental health professional; and
               (4)  requiring a child, by court order, to:
                     (A)  pay restitution not to exceed $100 for an
  offense against property under Title 7, Penal Code;
                     (B)  perform not more than 20 hours of community
  service; or
                     (C)  perform any other reasonable action
  determined by the court.
         (b)  A diversion strategy may be imposed under:
               (1)  a diversion by law enforcement under Article
  45.309 or 45.310;
               (2)  an intermediate diversion from court under Article
  45.313;
               (3)  a diversion by a justice or judge under Article
  45.314; or
               (4)  a system of graduated sanctions for certain school
  offenses under Section 37.144, Education Code.
         Art. 45.306.  YOUTH DIVERSION PLAN. (a)  A youth diversion
  plan is a written plan that describes the types of strategies that
  will be used to implement youth diversion.  A youth diversion plan
  does not limit the types of diversion strategies that may be imposed
  under a diversion agreement under Article 45.312.
         (b)  Each justice and municipal court shall adopt a youth
  diversion plan.
         (c)  A youth diversion plan may be devised for a county or
  municipality or an individual court within a county or
  municipality.
         (d)  In accordance with Chapter 791, Government Code, a local
  government may enter into an agreement with one or more local
  governments to create a regional youth diversion plan and
  collaborate in the implementation of this subchapter.
         (e)  A youth diversion plan may include an agreement with a
  service provider to provide services for a diversion strategy.
         (f)  A youth diversion plan may contain guidelines for
  disposition or diversion of a child's case by law enforcement under
  Article 45.310 or 45.311. The guidelines are not mandatory.
         (g)  The guidelines adopted under Subsection (f) may not
  allow for the disposition or diversion of a child's case under
  Article 45.310 or 45.311 if there is probable cause to believe that
  the child may be the victim of conduct that constitutes an offense
  under Section 20A.02, Penal Code (trafficking of persons).
         (h)  A current youth diversion plan must be maintained on
  file for public inspection in each justice and municipal court,
  including courts that collaborate with one or more counties or
  municipalities.
         (i)  A court or local government may adopt rules necessary to
  coordinate services under a youth diversion plan or to implement
  this subchapter.
         Art. 45.307.  YOUTH DIVERSION COORDINATOR. (a)  A court may
  designate a youth diversion coordinator to assist the court in:
               (1)  determining whether a youth is eligible for
  diversion;
               (2)  employing a diversion strategy authorized by this
  subchapter;
               (3)  presenting and maintaining diversion agreements;
               (4)  monitoring diversions;
               (5)  maintaining records regarding whether one or more
  diversions were successful or unsuccessful; and
               (6)  coordinating referrals to court.
         (b)  The responsibilities of the youth diversion coordinator
  may be performed by:
               (1)  a court administrator or court clerk, or a person
  who regularly performs the duties of court administrator or court
  clerk;
               (2)  an individual or entity that provides juvenile
  case manager services under Article 45.056;
               (3)  a court-related services office;
               (4)  a community supervision and corrections
  department;
               (5)  a county or municipal employee;
               (6)  a community volunteer;
               (7)  an institution of higher learning, including a
  private or independent institution; or
               (8)  a qualified nonprofit organization.
         Art. 45.308.  YOUTH DIVERSION ADVISORY COUNCIL. (a)  A
  commissioners court of a county or the governing body of a
  municipality may establish a youth diversion advisory council.
         (b)  The purpose of a youth diversion advisory council is to
  facilitate community input, suggest improvements to a youth
  diversion plan, and make recommendations to accomplish the
  following objectives:
               (1)  to provide children the option of an alternative,
  non-adversarial procedure to resolve certain charges while
  ensuring that the child's legal rights are protected;
               (2)  to authorize diversions from criminal prosecution
  under this subchapter that emphasize accountability and
  responsibility of the parent and the child for the child's conduct;
               (3)  to reduce recidivism and the occurrence of problem
  behaviors without criminal prosecution in justice and municipal
  courts;
               (4)  to identify at-risk youth and, where appropriate,
  refer at-risk youth to services under Subchapter D, Chapter 264,
  Family Code;
               (5)  to remove, where appropriate, the taint of
  criminality and collateral consequences of criminal convictions
  from children charged with certain unlawful acts;
               (6)  to encourage problem-solving approaches and the
  use of evidence-based practices in focusing on outcomes that are in
  the best interest of the child and the community; and
               (7)  to increase collaboration between governmental,
  educational, and nonprofit organizations in devising local and
  regional diversion strategies.
         (c)  The commissioners court of the county or governing body
  of the municipality appoints the members of the youth diversion
  advisory council.  The members serve terms specified by the
  commissioners court or governing body without compensation.
         (d)  County and municipal youth diversion advisory councils
  may collaborate to identify best practices, share information and
  resources, and coordinate diversion efforts under this subchapter.
         (e)  One or more counties or municipalities by agreement may
  create a regional youth diversion advisory council.
         Art. 45.309.  WARNING NOTICE BY PEACE OFFICER. (a)  In lieu
  of taking a child into custody, issuing a citation, or filing a
  complaint for an offense, a peace officer may issue a warning notice
  to the child if:
               (1)  guidelines for issuing a warning notice have been
  issued by the law enforcement agency employing the peace officer;
               (2)  the warning notice is authorized by the
  guidelines;
               (3)  the warning notice identifies the child and
  describes the child's alleged offense;
               (4)  a copy of the warning notice is sent to the child's
  parent as soon as practicable; and
               (5)  a copy of the warning notice is filed with a
  service provider, youth diversion coordinator, or other person
  designated in the youth diversion plan.
         (b)  A warning notice filed under this article is not a
  diversion but may be used as the basis of further action under the
  terms of a diversion agreement.
         Art. 45.310.  PEACE OFFICER DISPOSITION. (a)  In lieu of
  issuing a citation to a child or filing a complaint in a justice or
  municipal court, a peace officer may dispose of a case if:
               (1)  guidelines for a disposition under this article
  have been adopted and are included in a youth diversion plan;
               (2)  the disposition is authorized by the guidelines;
  and
               (3)  the peace officer makes a written report of the
  officer's disposition to the law enforcement agency employing the
  officer, identifying the child and specifying the grounds for
  believing that the child committed an offense.
         (b)  A disposition under this article may not include:
               (1)  keeping the child in law enforcement custody; or
               (2)  requiring the child to report periodically to a
  peace officer, law enforcement agency, or other service provider.
         (c)  A disposition under this article may include:
               (1)  referral of the child to a service provider or
  other diversion strategy specified in a youth diversion plan;
               (2)  a brief conference with the child and the child's
  parent; or
               (3)  referral of the child and the child's parent for
  at-risk youth services under Subchapter D, Chapter 264, Family
  Code.
         Art. 45.311.  FIRST OFFENSE DIVERSION PROGRAM. (a)  In this
  article, "program" means a first offense diversion program
  established under this article.
         (b)  As part of a youth diversion plan, a commissioners court
  of a county or the governing body of a municipality may establish a
  first offense diversion program for the referral and disposition of
  a case before the filing of a charge for a first offense.
         (c)  A county or municipality in which a program has been
  established shall designate one or more peace officers, law
  enforcement agencies, or service providers to process children in
  the program.
         (d)  In lieu of issuing a citation to a child or filing a
  complaint in a justice or municipal court, a peace officer who has a
  child in custody may refer the child to the peace officer, law
  enforcement agency, or service provider designated under
  Subsection (c) if:
               (1)  the child has not previously been referred to a
  program under this article; and
               (2)  the officer reports the referral in writing to the
  agency, identifying the child and specifying the grounds for taking
  the child into custody or for accusing the child of the offense.
         (e)  A child's parent shall be notified that the child is
  eligible to be referred to a first offense diversion program. The
  notice must:
               (1)  state the grounds for believing that the child has
  committed an offense;
               (2)  identify the peace officer, law enforcement
  agency, or service provider to which the child may be referred;
               (3)  briefly describe the nature of the program; and
               (4)  state that the child's failure to complete the
  program will result in the child being referred to court unless
  stated otherwise in a youth diversion plan.
         (f)  Before a child is referred to a program, the child and
  the child's parent must consent to the referral.
         (g)  A referral to a program under this article may be for a
  period of not more than 180 days.
         (h)  Diversion strategies in a program may include:
               (1)  voluntary restitution by the child or the child's
  parent to the victim of the child's conduct;
               (2)  voluntary community service by the child;
               (3)  educational or vocational training, counseling,
  or other rehabilitative services;
               (4)  referral of the child to a service provider or
  other diversion strategy specified in a youth diversion plan; and
               (5)  periodic reporting by the child to the peace
  officer, law enforcement agency, or service provider to which the
  child is referred.
         (i)  The case of a child who successfully completes a program
  is closed and may not be referred to court.
         (j)  The case of a child referred to a program shall be
  referred to a prosecutor or to court, or as specified in a youth
  diversion plan, if:
               (1)  the child fails to complete the program;
               (2)  the child or the child's parent terminates the
  child's participation in the program before the child completes the
  program; or
               (3)  the child is alleged to have committed another
  offense during the child's participation in the program.
         (k)  A statement made by a child to a person while
  participating in a program may not be used against the child in any
  subsequent court proceeding.
         Art. 45.312.  DIVERSION AGREEMENT. (a)  A diversion
  agreement must identify the parties to the agreement and the
  responsibilities of the child and the child's parent to ensure
  their meaningful participation in a diversion under Article 45.313
  or 45.314.
         (b)  Stated objectives in a diversion agreement must be
  measurable, realistic, and reasonable considering the
  circumstances of the child and the best interests of the child and
  the community.
         (c)  A diversion agreement must include:
               (1)  the terms of the agreement, including any
  diversion strategy, written in a clear and concise manner and
  identifying any offense or charge being diverted;
               (2)  possible consequences of a successful diversion
  and an unsuccessful diversion;
               (3)  an explanation that participation in a diversion
  is not an admission of guilt and a guilty plea is not required to
  participate in a diversion;
               (4)  an explanation of the process that will be used for
  reviewing and monitoring compliance with the terms of the
  agreement;
               (5)  the period of the diversion;
               (6)  a verification that:
                     (A)  the child and the child's parent were
  notified of the child's rights, including the right to refuse
  diversion; and
                     (B)  the child knowingly and voluntarily consents
  to participate in the diversion; and
               (7)  written acknowledgment and acceptance of the
  agreement by the child and the child's parent.
         (d)  The terms of an agreement may vary depending on the
  circumstances of the child, including the child's age and ability,
  the charge being diverted, the diversion program, or the diversion
  strategy. 
         (e)  A charge may not be filed against a child or, if filed,
  shall be dismissed if the child:
               (1)  does not contest the charge;
               (2)  is eligible for diversion under Article 45.304;
  and
               (3)  accepts the terms of the agreement.
         (f)  Entering into a diversion agreement under this article
  extends the court's jurisdiction for the term of the agreement.
         (g)  On entering into a diversion agreement, a copy of the
  agreement shall be provided to the child and the child's parent, the
  clerk of the court, a youth diversion coordinator, and any person
  specified by the youth diversion plan.
         Art. 45.313.  INTERMEDIATE DIVERSION FROM COURT. (a)  If
  provided by a youth diversion plan and subject to the direction of
  the court, a youth diversion coordinator, juvenile case manager, or
  other designated officer of the court shall advise the child and the
  child's parent before a case is filed that the case may be diverted
  under this article for a reasonable period not to exceed 180 days
  if:
               (1)  the child is eligible for diversion under Article
  45.304;
               (2)  diversion is in the best interest of the child and
  the community;
               (3)  the child and the child's parent consent to
  diversion with the knowledge that diversion is optional; and
               (4)  the child and the child's parent are informed that
  they may terminate the diversion at any time and, if terminated, the
  case will be referred to court.
         (b)  The terms of a diversion agreement under this article
  must be in writing and may include any of the diversion strategies
  under Article 45.305.
         (c)  The case of a child who successfully complies with the
  terms of a diversion agreement under this article shall be closed
  and reported as successful to the court.
         (d)  A child who does not comply with the terms of a diversion
  agreement under this article shall be referred to court under
  Article 45.315. 
         (e)  A statement made by a child or parent during a
  discussion related to a diversion under this article may not be used
  against a declarant in any subsequent court proceeding.
         Art. 45.314.  DIVERSION BY JUSTICE OR JUDGE. (a)  If a
  charge involving a child who is eligible for diversion is filed with
  a court, a justice or judge shall divert the case under this
  article.
         (b)  If the child does not contest the charge, a justice or
  judge shall divert the case under this article without the child
  having to enter a plea.
         (c)  If the child contests the charge, a justice or judge
  shall divert the case under this article at the conclusion of trial
  on a finding of guilt without entering a judgment of conviction as
  provided by Article 45.041.
         (d)  A diversion under this article may not exceed 180 days.
         (e)  The terms of a diversion agreement under this article
  must be in writing and may include any of the diversion strategies
  described by Article 45.305.
         (f)  The case of a child who successfully complies with the
  terms of a diversion agreement under this article shall be closed
  and reported as successful to the court.
         (g)  A child who does not comply with the terms of a diversion
  agreement under this article shall be referred to court for a
  hearing under Article 45.315.
         Art. 45.315.  REFERRAL TO COURT. (a)  A court shall conduct
  a non-adversarial hearing for a child who does not successfully
  complete the terms of a diversion under Article 45.311, 45.313, or
  45.314 and is referred to court.
         (b)  The hearing is an opportunity for a justice or judge to
  confer with the child and the child's parent to determine whether a
  diversion should be declared unsuccessful by the court. The court
  may also hear from any person who may be of assistance to the child
  or the court in determining what is in the best interest of the
  child and the community.
         (c)  After the hearing, a court may enter an order:
               (1)  amending or setting aside terms in a diversion
  agreement;
               (2)  extending the diversion for a period not to exceed
  one year;
               (3)  issuing a continuance for the hearing for a period
  not to exceed 60 days to allow an opportunity for compliance with
  the terms of a diversion;
               (4)  requiring the child's parent to do or refrain from
  doing any act if the court determines that will increase the
  likelihood the child will successfully complete the diversion and
  comply with any other order of the court that is reasonable and
  necessary for the welfare of the child;
               (5)  finding the diversion successful on the basis of
  substantial compliance; or
               (6)  finding the diversion unsuccessful.
         (d)  If the court enters an order under Subsection (c)(6),
  the court may transfer the child to juvenile court for alleged
  conduct indicating a need for supervision under Section 51.08,
  Family Code, if the child has previously had two unsuccessful
  diversions.
         (e)  An order under Subsection (c)(4) is enforceable by
  contempt.
         Art. 45.316.  LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.
  (a)  The clerk of a justice or municipal court may collect from a
  child's parent a $30 administrative fee to defray the costs of the
  diversion of the child's case under this subchapter.
         (b)  The fee under this article may not be collected unless
  specified as a term of the diversion agreement accepted by the
  child's parent. If the fee is not paid after giving the child's
  parent an opportunity to be heard, the court shall order the parent,
  if financially able, to pay the fee to the clerk of the court.
         (c)  A court shall waive the fee if the child's parent is
  indigent or does not have sufficient resources or income to pay the
  fee. 
         (d)  A court may adopt rules for the waiver of a fee for
  financial hardship under this article.
         (e)  The clerk of the court shall keep a record of the fees
  collected under this article and shall forward the funds to the
  county treasurer, municipal treasurer, or person fulfilling the
  role of a county treasurer or municipal treasurer, as appropriate.
         (f)  The fee collected under this article shall be deposited
  in a special account that can be used only to offset the cost of the
  operations of youth diversion programs under this subchapter.
         (g)  Except for the fee authorized under Subsection (a), a
  fee may not be assessed for a child diverted under this subchapter.
         (h)  The diversion of a child may not be contingent on
  payment of a fee under this article.
         Art. 45.317.  DIVERSION RECORDS. (a)  A justice or
  municipal court shall maintain statistics for each diversion
  strategy authorized by this subchapter.
         (b)  Statistics indicating the number of warning notices
  under Article 45.309 and types of dispositions or diversions made
  by a law enforcement agency under Article 45.310 or 45.311 shall be
  reported at least annually to the justice or municipal court or
  youth diversion coordinator as specified by a youth diversion plan.
  Statistics shall include the age, gender, and ethnicity of the
  child and the offense alleged by law enforcement to have been
  committed by the child.
         (c)  Other than statistical records, all records generated
  under this subchapter are confidential under Article 45.0217.
         (d)  All records of a diversion pertaining to a child under
  this subchapter may be expunged after the child's 17th birthday and
  shall, without requirement for a motion or request, be expunged
  before the child's 18th birthday.
         SECTION 2.  Article 42.15(a-1), Code of Criminal Procedure,
  as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
  Regular Session, 2017, is amended to read as follows:
         (a-1)  Notwithstanding any other provision of this article,
  during or immediately after imposing a sentence in a case in which
  the defendant entered a plea in open court as provided by Article
  27.13, 27.14(a), or 27.16(a), a court shall inquire whether the
  defendant has sufficient resources or income to immediately pay all
  or part of the fine and costs.  If the court determines that the
  defendant does not have sufficient resources or income to
  immediately pay all or part of the fine and costs, the court shall
  determine whether the fine and costs should be:
               (1)  subject to Subsection (c), required to be paid at
  some later date or in a specified portion at designated intervals;
               (2)  discharged by performing community service
  under[, as applicable,] Article 43.09(f) or [, Article] 45.049[,
  Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the
  82nd Legislature, Regular Session, 2011, or Article 45.0492, as
  added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
  Regular Session, 2011];
               (3)  waived in full or in part under Article 43.091 or
  45.0491; or
               (4)  satisfied through any combination of methods under
  Subdivisions (1)-(3).
         SECTION 3.  Article 42.15(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  A judge may allow a defendant who is a child, as defined
  by Article 45.058(h), to elect at the time of conviction, as defined
  by Section 133.101, Local Government Code, to discharge the fine
  and costs by:
               (1)  performing community service or receiving
  tutoring under Article 45.049 [45.0492, as added by Chapter 227
  (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
  or
               (2)  paying the fine and costs in a manner described by
  Subsection (b).
         SECTION 4.  Article 44.2811, Code of Criminal Procedure, as
  amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
  393), Acts of the 83rd Legislature, Regular Session, 2013, is
  reenacted and amended to read as follows:
         Art. 44.2811.  RECORDS RELATING TO CERTAIN [OR RECEIVING
  DEFERRED DISPOSITION FOR] FINE-ONLY MISDEMEANORS COMMITTED BY A
  CHILD. All records and files and information stored by electronic
  means or otherwise, from which a record or file could be generated,
  relating to a criminal case for a fine-only misdemeanor, other than
  a traffic offense, that is committed by a child and that is appealed
  are confidential and may not be disclosed to the public except as
  provided under Article 45.0217(b). [(a)     This article applies only
  to a misdemeanor offense punishable by fine only, other than a
  traffic offense.
         [(b)     All records and files and information stored by
  electronic means or otherwise, from which a record or file could be
  generated, relating to a child who is convicted of and has satisfied
  the judgment for or who has received a dismissal after deferral of
  disposition for an offense described by Subsection (a) are
  confidential and may not be disclosed to the public except as
  provided under Article 45.0217(b).]
         SECTION 5.  Article 45.0215(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Subject to the requirements of Subchapter E, this [This]
  article applies to a defendant who has not had the disabilities of
  minority removed and has been:
               (1)  charged with an offense other than an offense
  under Section 43.261, Penal Code, if the defendant is younger than
  17 years of age; or
               (2)  charged with an offense under Section 43.261,
  Penal Code, if the defendant is younger than 18 years of age.
         SECTION 6.  Article 45.0217, Code of Criminal Procedure, as
  amended by Chapters 1257 (H.B. 528), 1319 (S.B. 394), and 1407 (S.B.
  393), Acts of the 83rd Legislature, Regular Session, 2013, is
  reenacted and amended to read as follows:
         Art. 45.0217.  CONFIDENTIAL RECORDS RELATED TO CHARGES
  AGAINST OR [THE] CONVICTION OF [OR DEFERRAL OF DISPOSITION FOR] A
  CHILD. (a)  [This article applies only to a misdemeanor offense
  punishable by fine only, other than a traffic offense.
         [(a-1)]  Except as provided by Article 15.27 and Subsection
  (b), all records and files, including those held by law
  enforcement, and information stored by electronic means or
  otherwise, from which a record or file could be generated, relating
  to a child who is charged with, is convicted of, is found not guilty
  of, had a charge dismissed for, or is granted deferred disposition
  for a fine-only misdemeanor [for or who has received a dismissal
  after deferral of disposition for an] offense other than a traffic
  offense [described by Subsection (a)] are confidential and may not
  be disclosed to the public.
         (b)  Information subject to Subsection (a) [(a-1)] may be
  open to inspection only by:
               (1)  judges, prosecutors, and the staff of the judges
  or prosecutors [or court staff];
               (2)  a criminal justice agency for a criminal justice
  purpose, as those terms are defined by Section 411.082, Government
  Code;
               (3)  the Department of Public Safety;
               (4)  an attorney for a party to the proceeding;
               (5)  the child defendant; [or]
               (6)  the defendant's parent, guardian, or managing
  conservator;
               (7)  a governmental agency if the disclosure is:
                     (A)  required or authorized by law; or
                     (B)  for the purpose of maintaining statistical
  records of recidivism and for diagnosis and classification;
               (8)  an individual or entity to whom the child is
  referred for treatment or services if the agency or institution
  disclosing the information has entered into a written
  confidentiality agreement with the individual or entity regarding
  the protection of the disclosed information; or
               (9)  with leave of the justice or municipal court, any
  other person having a legitimate interest in the proceeding or in
  the work of the court.
         SECTION 7.  Article 45.041(a-1), Code of Criminal Procedure,
  as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
  Regular Session, 2017, is amended to read as follows:
         (a-1)  Notwithstanding any other provision of this article,
  during or immediately after imposing a sentence in a case in which
  the defendant entered a plea in open court as provided by Article
  27.14(a) or 27.16(a), the justice or judge shall inquire whether
  the defendant has sufficient resources or income to immediately pay
  all or part of the fine and costs.  If the justice or judge
  determines that the defendant does not have sufficient resources or
  income to immediately pay all or part of the fine and costs, the
  justice or judge shall determine whether the fine and costs should
  be:
               (1)  subject to Subsection (b-2), required to be paid
  at some later date or in a specified portion at designated
  intervals;
               (2)  discharged by performing community service
  under[, as applicable,] Article 45.049[, Article 45.0492, as added
  by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular
  Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B.
  1964), Acts of the 82nd Legislature, Regular Session, 2011];
               (3)  waived in full or in part under Article 45.0491; or
               (4)  satisfied through any combination of methods under
  Subdivisions (1)-(3).
         SECTION 8.  Articles 45.041(b-3) and (b-5), Code of Criminal
  Procedure, are amended to read as follows:
         (b-3)  If a diversion is not required under Subchapter E or
  Subsection (b-5), a [A] judge shall [may] allow a defendant who is a
  child, as defined by Article 45.058(h), to elect at the time of
  conviction, as defined by Section 133.101, Local Government Code,
  to discharge the fine and costs by:
               (1)  performing community service or receiving
  tutoring under Article 45.049 [45.0492, as added by Chapter 227
  (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
  or
               (2)  paying the fine and costs in a manner described by
  Subsection (b).
         (b-5)  If a case involving a child who is eligible for
  diversion under Article 45.304 results in a trial, on a finding of
  guilt, without entering a judgment, sentence, or conviction, the
  justice or judge shall order a diversion under Article 45.314 [The
  requirement under Article 45.0492(a), as added by Chapter 227 (H.B.
  350), Acts of the 82nd Legislature, Regular Session, 2011, that an
  offense occur in a building or on the grounds of the primary or
  secondary school at which the defendant was enrolled at the time of
  the offense does not apply to the performance of community service
  or the receipt of tutoring to discharge a fine or costs under
  Subsection (b-3)(1)].
         SECTION 9.  Articles 45.049(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  A justice or judge may require a defendant who fails to
  pay a previously assessed fine or costs, [or] who is determined by
  the court to have insufficient resources or income to pay a fine or
  costs, or who is a child and assessed a fine or costs to discharge
  all or part of the fine or costs by performing community service. A
  defendant may discharge an obligation to perform community service
  under this article by paying at any time the fine and costs
  assessed.
         (b)  In the justice's or judge's order requiring a defendant
  to perform community service under this article, the justice or
  judge must specify:
               (1)  the number of hours of community service the
  defendant is required to perform, not to exceed 20 hours if the
  defendant is a child; and
               (2)  the date by which the defendant must submit to the
  court documentation verifying the defendant's completion of the
  community service.
         SECTION 10.  Article 45.049(c), Code of Criminal Procedure,
  as amended by Chapters 977 (H.B. 351) and 1127 (S.B. 1913), Acts of
  the 85th Legislature, Regular Session, 2017, is reenacted and
  amended to read as follows:
         (c)  The justice or judge may order the defendant to perform
  community service under this article:
               (1)  by attending:
                     (A)  a work and job skills training program;
                     (B)  a preparatory class for the high school
  equivalency examination administered under Section 7.111,
  Education Code;
                     (C)  an alcohol or drug abuse program;
                     (D)  a rehabilitation program;
                     (E)  a counseling program, including a
  self-improvement program;
                     (F)  a mentoring program;
                     (G)  a tutoring program if the defendant is a
  child; or
                     (H) [(G)]  any similar activity; or
               (2)  for:
                     (A)  a governmental entity;
                     (B)  a nonprofit organization or another
  organization that provides services to the general public that
  enhance social welfare and the general well-being of the community,
  as determined by the justice or judge; or
                     (C)  an educational institution.
         SECTION 11.  Articles 45.049(d), (f), and (i), Code of
  Criminal Procedure, are amended to read as follows:
         (d)  A justice or judge may not order a defendant to perform
  more than 16 hours per week of community service under this article
  unless the justice or judge determines that requiring the defendant
  to perform additional hours does not impose an undue hardship on the
  defendant or the defendant's dependents, or if the defendant is a
  child, on the defendant or the defendant's family. In this
  subsection, "family" has the meaning assigned by Section 71.003,
  Family Code.
         (f)  A sheriff, employee of a sheriff's department, county
  commissioner, county employee, county judge, justice of the peace,
  municipal court judge, or officer or employee of a political
  subdivision other than a county or an entity that accepts a
  defendant under this article or Subchapter E to perform community
  service is not liable for damages arising from an act or failure to
  act in connection with community service performed by a defendant
  under this article or Subchapter E if the act or failure to act:
               (1)  was performed pursuant to court order; and
               (2)  was not intentional, wilfully or wantonly
  negligent, or performed with conscious indifference or reckless
  disregard for the safety of others.
         (i)  A community supervision and corrections department, a
  local juvenile probation department, or a court-related services
  office may provide the administrative and other services necessary
  for supervision of a defendant required to perform community
  service under this article.
         SECTION 12.  Article 45.051(a-1), Code of Criminal
  Procedure, as amended by Chapters 227 (H.B. 350) and 777 (H.B.
  1964), Acts of the 82nd Legislature, Regular Session, 2011, is
  reenacted and amended to read as follows:
         (a-1)  Notwithstanding any other provision of law, as an
  alternative to requiring a defendant charged with one or more
  offenses to make payment of all court costs as required by
  Subsection (a), the judge may:
               (1)  allow the defendant to enter into an agreement for
  payment of those costs in installments during the defendant's
  period of probation;
               (2)  require an eligible defendant to discharge all or
  part of those costs by performing community service or attending a
  tutoring program under Article 45.049 [or 45.0492]; or
               (3)  take any combination of actions authorized by
  Subdivision (1) or (2).
         SECTION 13.  Articles 45.056(a), (b), (d), (e), and (g),
  Code of Criminal Procedure, are amended to read as follows:
         (a)  On approval of the commissioners court, city council,
  school district board of trustees, juvenile board, or other
  appropriate authority, a county court, justice court, municipal
  court, school district, juvenile probation department, or other
  appropriate governmental entity may:
               (1)  employ a juvenile case manager or contract for a
  juvenile case manager to provide services in cases involving:
                     (A)  youth diversion under Subchapter E;
                     (B)  children [juvenile offenders] who are before
  a court consistent with the court's statutory powers; or
                     (C)  children who are referred to a court by a
  school administrator or designee for misconduct that would
  otherwise be within the court's statutory powers prior to a case
  being filed, with the consent of the juvenile and the juvenile's
  parents or guardians;
               (2)  employ or contract for the services of one or more
  juvenile case managers who:
                     (A)  shall assist the court in administering the
  court's juvenile docket and in supervising the court's orders in
  juvenile cases; and
                     (B)  may provide:
                           (i)  prevention services to a child
  considered at risk of entering the juvenile justice system; and
                           (ii)  youth diversion [intervention]
  services to juveniles engaged in misconduct before cases are filed,
  excluding traffic offenses; or
               (3)  agree in accordance with Chapter 791, Government
  Code, with any appropriate governmental entity to jointly employ a
  juvenile case manager, jointly contract for juvenile case manager
  services, or [to] jointly contribute to the costs of a juvenile case
  manager or juvenile case manager [employed by one governmental
  entity to provide] services described by Subdivisions (1) and (2).
         (b)  A local entity may apply or more than one local entity
  may jointly apply to the criminal justice division of the
  governor's office for reimbursement of all or part of the costs of
  employing one or more juvenile case managers or contracting for
  juvenile case manager services from funds appropriated to the
  governor's office or otherwise available for purposes of youth
  diversion [that purpose]. To be eligible for reimbursement, the
  entity applying must present to the governor's office a
  comprehensive plan to reduce juvenile crimes in the entity's
  jurisdiction and a youth diversion plan under Article 45.306 that
  addresses the role of the juvenile case manager in that effort.
         (d)  Pursuant to Article 102.0174, the court or governing
  body may pay:
               (1)  the salary and benefits of a juvenile case
  manager;
               (2)  the costs of contracting for juvenile case manager
  services; and
               (3)  the costs of training, travel, office supplies,
  and other necessary expenses relating to the position of the
  juvenile case manager and juvenile case manager services from the
  juvenile case manager fund.
         (e)  A juvenile case manager [employed under Subsection (c)]
  shall give priority to cases brought under Section [Sections]
  25.093 [and 25.094], Education Code, Chapter 65, Family Code, and
  youth diversion under Subchapter E.
         (g)  A [The employing] court or governmental entity under
  this article shall implement the rules adopted under Subsection
  (f).
         SECTION 14.  Article 45.056(c), Code of Criminal Procedure,
  as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
  the 83rd Legislature, Regular Session, 2013, is reenacted and
  amended to read as follows:
         (c)  An entity that jointly employs a juvenile case manager,
  jointly contracts for juvenile case manager services, or jointly
  contributes to the costs of a juvenile case manager or juvenile case
  manager services under Subsection (a)(3) employs a juvenile case
  manager for purposes of Chapter 102 of this code and Chapter 102,
  Government Code.
         SECTION 15.  The heading to Article 102.014, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 102.014.  COURT COSTS FOR CHILD SAFETY FUND [IN
  MUNICIPALITIES].
         SECTION 16.  Articles 102.014(g) and (h), Code of Criminal
  Procedure, are amended to read as follows:
         (g)  In a municipality with a population less than 850,000
  according to the most recent federal decennial census, the money
  collected under this article in a municipal court case must be used
  for a school crossing guard program if the municipality operates
  one.  If the municipality does not operate a school crossing guard
  program or if the money received from court costs from municipal
  court cases exceeds the amount necessary to fund the school
  crossing guard program, the municipality may:
               (1)  deposit the additional money in an
  interest-bearing account;
               (2)  expend the additional money for programs designed
  to enhance child safety, health, or nutrition, including child
  abuse prevention and intervention, youth diversion, and drug and
  alcohol abuse prevention; or
               (3)  expend the additional money for programs designed
  to enhance public safety and security.
         (h)  Money collected under this article in a justice, county,
  or district court shall be used to fund school crossing guard
  programs in the county where they are collected. If the county does
  not operate a school crossing guard program, the county may:
               (1)  remit fee revenues to school districts in its
  jurisdiction for the purpose of providing school crossing guard
  services;
               (2)  fund programs the county is authorized by law to
  provide which are designed to enhance child safety, health, or
  nutrition, including child abuse prevention and intervention,
  youth diversion, and drug and alcohol abuse prevention;
               (3)  provide funding to the sheriff's department for
  school-related activities;
               (4)  provide funding to the county juvenile probation
  department; or
               (5)  deposit the money in the general fund of the
  county.
         SECTION 17.  The heading to Article 102.015, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 102.015.  COURT COSTS: YOUTH [TRUANCY PREVENTION AND]
  DIVERSION FUND.
         SECTION 18.  Articles 102.015(a), (e), (g), and (h), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  The youth [truancy prevention and] diversion fund is a
  dedicated account in the general revenue fund.
         (e)  The custodian of a county treasury or municipal
  treasury, as applicable, shall:
               (1)  keep records of the amount of funds on deposit
  collected under this article; and
               (2)  send to the comptroller before the last day of the
  first month following each calendar quarter the funds collected
  under this article during the preceding quarter, except that the
  custodian may retain 50 percent of funds collected under this
  article to defray the costs of youth diversion under Subchapter E,
  Chapter 45 [for the purpose of operating or establishing a juvenile
  case manager program], if the county or municipality has a youth
  diversion plan under Article 45.306 [established or is attempting
  to establish a juvenile case manager program].
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of a dedicated account in the general
  revenue fund to be known as the youth [truancy prevention and]
  diversion fund.  The legislature may appropriate money from the
  account only to the criminal justice division of the governor's
  office for distribution to local governmental entities for youth
  diversion [truancy prevention and intervention] services.
         (h)  A local governmental entity may request funds from the
  criminal justice division of the governor's office for providing
  youth diversion [truancy prevention and intervention] services.
  The division may award the requested funds based on the
  availability of appropriated funds and subject to the application
  procedure and eligibility requirements specified by division rule.
         SECTION 19.  Article 102.0171, Code of Criminal Procedure,
  is amended by amending Subsections (a) and (c) and adding
  Subsection (e) to read as follows:
         (a)  A defendant convicted of an offense under Section 28.08,
  Penal Code, in a municipal court, justice court, county court,
  county court at law, or district court shall pay a $50 juvenile
  delinquency prevention and graffiti eradication fee as a cost of
  court.
         (c)  The clerks of the respective courts shall collect the
  costs and pay them to the county treasurer, municipal treasurer, or
  to any other official who discharges the duties commonly delegated
  to the county or municipal treasurer for deposit in a fund to be
  known as the county juvenile delinquency prevention fund or
  municipal juvenile delinquency prevention fund.  A fund designated
  by this subsection may be used only to:
               (1)  repair damage caused by the commission of offenses
  under Section 28.08, Penal Code;
               (2)  provide educational and intervention programs and
  materials, including printed educational materials for
  distribution to primary and secondary school students, designed to
  prevent individuals from committing offenses under Section 28.08,
  Penal Code;
               (3)  provide to the public rewards for identifying and
  aiding in the apprehension and prosecution of offenders who commit
  offenses under Section 28.08, Penal Code;
               (4)  provide funding for teen recognition and teen
  recreation programs;
               (5)  provide funding for local teen court programs;
               (6)  provide funding for the local juvenile probation
  department; [and]
               (7)  provide educational and intervention programs
  designed to prevent juveniles from engaging in delinquent conduct;
  and
               (8)  provide funding for youth diversion under
  Subchapter E, Chapter 45.
         (e)  The municipal juvenile delinquency prevention fund
  shall be administered by or under the direction of the governing
  body of a municipality.
         SECTION 20.  Articles 102.0174(b), (c), and (g), Code of
  Criminal Procedure, are amended to read as follows:
         (b)  The governing body of a municipality by ordinance may
  create a juvenile case manager fund and may require a defendant
  convicted of a fine-only misdemeanor offense in a municipal court
  to pay a juvenile case manager fee not to exceed $5 as a cost of
  court if the municipality employs a juvenile case manager or
  contracts for juvenile case manager services.  A municipality that
  does not employ a juvenile case manager or contract for juvenile
  case manager services may not collect a fee under this subsection.
         (c)  The commissioners court of a county by order may create
  a juvenile case manager fund and may require a defendant convicted
  of a fine-only misdemeanor offense in a justice court, county
  court, or county court at law to pay a juvenile case manager fee not
  to exceed $5 as a cost of court if the court employs a juvenile case
  manager or contracts for juvenile case manager services.  A justice
  court, county court, or county court at law that does not employ a
  juvenile case manager or contract for juvenile case manager
  services may not collect a fee under this subsection.
         (g)  A fund created under this section may be used to finance
  the salary and [,] benefits of a juvenile case manager employed
  under Article 45.056, costs of contracting for juvenile case
  manager services under Article 45.056, and training, travel
  expenses, office supplies, and other necessary expenses relating to
  the position of a juvenile case manager and juvenile case manager
  services [employed] under Article 45.056.  If there is money in the
  fund after those costs are paid, on approval by the employing court,
  a juvenile case manager may direct the remaining money to be used to
  implement programs directly related to the duties of the juvenile
  case manager, including juvenile alcohol and substance abuse
  programs, educational and leadership programs, and any other
  projects designed to prevent or reduce the number of juvenile
  referrals to the court under Subchapter E, Chapter 45.  The fund may
  not be used to supplement the income of an employee whose primary
  role is not that of a juvenile case manager.
         SECTION 21.  Section 52.03(a), Family Code, is amended to
  read as follows:
         (a)  A law-enforcement officer authorized by this title to
  take a child into custody may dispose of the case of a child taken
  into custody [or accused of a Class C misdemeanor, other than a
  traffic offense,] without referral to juvenile court [or charging a
  child in a court of competent criminal jurisdiction,] if:
               (1)  guidelines for such disposition have been adopted
  by the juvenile board of the county in which the disposition is made
  as required by Section 52.032;
               (2)  the disposition is authorized by the guidelines;
  and
               (3)  the officer makes a written report of the officer's
  disposition to the law-enforcement agency, identifying the child
  and specifying the grounds for believing that the taking into
  custody [or accusation of criminal conduct] was authorized.
         SECTION 22.  Section 52.031(a), Family Code, is amended to
  read as follows:
         (a)  A juvenile board may establish a first offender program
  under this section for the referral and disposition of children
  taken into custody for [, or accused prior to the filing of a
  criminal charge, of]:
               (1)  conduct indicating a need for supervision; or
               (2)  [a Class C misdemeanor, other than a traffic
  offense; or
               [(3)]  delinquent conduct other than conduct that
  constitutes:
                     (A)  a felony of the first, second, or third
  degree, an aggravated controlled substance felony, or a capital
  felony; or
                     (B)  a state jail felony or misdemeanor involving
  violence to a person or the use or possession of a firearm,
  location-restricted knife, or club, as those terms are defined by
  Section 46.01, Penal Code, or a prohibited weapon, as described by
  Section 46.05, Penal Code.
         SECTION 23.  Sections 52.031(d), (f), (i), and (j), Family
  Code, as amended by Chapters 1407 (S.B. 393) and 1409 (S.B. 1114),
  Acts of the 83rd Legislature, Regular Session, 2013, are reenacted
  and amended to read as follows:
         (d)  A law enforcement officer taking a child into custody
  [or accusing a child of an offense described in Subsection (a)(2)]
  may refer the child to the law enforcement officer or agency
  designated under Subsection (b) for disposition under the first
  offender program and not refer the child to juvenile court [or a
  court of competent criminal jurisdiction] only if:
               (1)  the child has not previously been adjudicated as
  having engaged in delinquent conduct;
               (2)  the referral complies with guidelines for
  disposition under Subsection (c); and
               (3)  the officer reports in writing the referral to the
  agency, identifying the child and specifying the grounds for taking
  the child into custody [or accusing a child of an offense described
  in Subsection (a)(2)].
         (f)  The parent, guardian, or other custodian of the child
  must receive notice that the child has been referred for
  disposition under the first offender program.  The notice must:
               (1)  state the grounds for taking the child into
  custody [or accusing a child of an offense described in Subsection
  (a)(2)];
               (2)  identify the law enforcement officer or agency to
  which the child was referred;
               (3)  briefly describe the nature of the program; and
               (4)  state that the child's failure to complete the
  program will result in the child being referred to the juvenile
  court [or a court of competent criminal jurisdiction].
         (i)  The case of a child who successfully completes the first
  offender program is closed and may not be referred to juvenile court
  [or a court of competent criminal jurisdiction], unless the child
  is taken into custody under circumstances described by Subsection
  (j)(3).
         (j)  The case of a child referred for disposition under the
  first offender program shall be referred to juvenile court [or a
  court of competent criminal jurisdiction] if:
               (1)  the child fails to complete the program;
               (2)  the child or the parent, guardian, or other
  custodian of the child terminates the child's participation in the
  program before the child completes it; or
               (3)  the child completes the program but is taken into
  custody under Section 52.01 before the 90th day after the date the
  child completes the program for conduct other than the conduct for
  which the child was referred to the first offender program.
         SECTION 24.  Section 264.302(e), Family Code, is amended to
  read as follows:
         (e)  The department shall provide services for a child and
  the child's family if a contract to provide services under this
  section is available in the county and the child is referred to the
  department as an at-risk child by:
               (1)  a juvenile court or probation department as part
  of a progressive sanctions program under Chapter 59;
               (2)  a law enforcement officer or agency under Article
  45.310 or 45.311, Code of Criminal Procedure, or Section 52.03 of
  this code; or
               (3)  a justice or municipal court under Article 45.057,
  45.313, or 45.314, Code of Criminal Procedure.
         SECTION 25.  Subchapter F, Chapter 102, Government Code, is
  amended by adding Section 102.1011 to read as follows:
         Sec. 102.1011.  JUVENILE DELINQUENCY PREVENTION AND
  GRAFFITI ERADICATION FEE ON CONVICTION IN JUSTICE COURT: CODE OF
  CRIMINAL PROCEDURE.  The clerk of a justice court shall collect from
  a defendant a juvenile delinquency prevention and graffiti
  eradication fee of $50 under Article 102.0171, Code of Criminal
  Procedure, on conviction of an offense under Section 28.08, Penal
  Code.
         SECTION 26.  Subchapter G, Chapter 102, Government Code, is
  amended by adding Section 102.1211 to read as follows:
         Sec. 102.1211.  JUVENILE DELINQUENCY PREVENTION AND
  GRAFFITI ERADICATION FEE ON CONVICTION IN MUNICIPAL COURT: CODE OF
  CRIMINAL PROCEDURE.  The clerk of a municipal court shall collect
  from a defendant a juvenile delinquency prevention and graffiti
  eradication fee of $50 under Article 102.0171, Code of Criminal
  Procedure, on conviction of an offense under Section 28.08, Penal
  Code.
         SECTION 27.  Section 103.021, Government Code, is amended to
  read as follows:
         Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: CODE OF CRIMINAL PROCEDURE.  An accused or defendant,
  or a party to a civil suit, as applicable, shall pay the following
  fees and costs under the Code of Criminal Procedure if ordered by
  the court or otherwise required:
               (1)  a personal bond fee (Art. 17.42, Code of Criminal
  Procedure) . . . the greater of $20 or three percent of the amount
  of the bail fixed for the accused;
               (2)  cost of electronic monitoring as a condition of
  release on personal bond (Art. 17.43, Code of Criminal Procedure)
  . . . actual cost;
               (3)  a fee for verification of and monitoring of motor
  vehicle ignition interlock (Art. 17.441, Code of Criminal
  Procedure) . . . not to exceed $10;
               (3-a)  costs associated with operating a global
  positioning monitoring system as a condition of release on bond
  (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
  subject to a determination of indigency;
               (3-b)  costs associated with providing a defendant's
  victim with an electronic receptor device as a condition of the
  defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
  Procedure) . . . actual costs, subject to a determination of
  indigency;
               (4)  repayment of reward paid by a crime stoppers
  organization on conviction of a felony (Art. 37.073, Code of
  Criminal Procedure) . . . amount ordered;
               (5)  reimbursement to general revenue fund for payments
  made to victim of an offense as condition of community supervision
  (Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
  . . . not to exceed $50 for a misdemeanor offense or $100 for a
  felony offense;
               (6)  payment to a crime stoppers organization as
  condition of community supervision (Art. 42A.301(b)(20) 
  [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
               (7)  children's advocacy center fee (Art. 42A.455, Code
  of Criminal Procedure) . . . not to exceed $50;
               (8)  family violence center fee (Art. 42A.504(b), Code
  of Criminal Procedure) . . . $100;
               (9)  community supervision fee (Art. 42A.652(a), Code
  of Criminal Procedure) . . . not less than $25 or more than $60 per
  month;
               (10)  additional community supervision fee for certain
  offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
  month;
               (11)  for certain financially able sex offenders as a
  condition of community supervision, the costs of treatment,
  specialized supervision, or rehabilitation (Art. 42A.452, Code of
  Criminal Procedure) . . . all or part of the reasonable and
  necessary costs of the treatment, supervision, or rehabilitation as
  determined by the judge;
               (12)  fee for failure to appear for trial in a justice
  or municipal court if a jury trial is not waived (Art. 45.026, Code
  of Criminal Procedure) . . . costs incurred for impaneling the
  jury;
               (13)  costs of certain testing, assessments, or
  programs during a deferral period (Art. 45.051, Code of Criminal
  Procedure) . . . amount ordered;
               (14)  special expense on dismissal of certain
  misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
  . . . not to exceed amount of fine assessed;
               (15)  an additional fee:
                     (A)  for a copy of the defendant's driving record
  to be requested from the Department of Public Safety by the judge
  (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
  to the sum of the fee established by Section 521.048,
  Transportation Code, and the state electronic Internet portal fee;
                     (B)  as an administrative fee for requesting a
  driving safety course or a course under the motorcycle operator
  training and safety program for certain traffic offenses to cover
  the cost of administering the article (Art. 45.0511(f)(1), Code of
  Criminal Procedure) . . . not to exceed $10; or
                     (C)  for requesting a driving safety course or a
  course under the motorcycle operator training and safety program
  before the final disposition of the case (Art. 45.0511(f)(2), Code
  of Criminal Procedure) . . . not to exceed the maximum amount of the
  fine for the offense committed by the defendant;
               (16)  a request fee for teen court program (Art.
  45.052, Code of Criminal Procedure) . . . $20, if the court
  ordering the fee is located in the Texas-Louisiana border region,
  but otherwise not to exceed $10;
               (17)  a fee to cover costs of required duties of teen
  court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
  court ordering the fee is located in the Texas-Louisiana border
  region, but otherwise $10;
               (18)  a mileage fee for officer performing certain
  services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
  mile;
               (19)  certified mailing of notice of hearing date (Art.
  102.006, Code of Criminal Procedure) . . . $1, plus postage;
               (20)  certified mailing of certified copies of an order
  of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
  plus postage;
               (20-a)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Art. 45.0216, Code of Criminal
  Procedure) . . . $30 per application;
               (21)  sight orders:
                     (A)  if the face amount of the check or sight order
  does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $10;
                     (B)  if the face amount of the check or sight order
  is greater than $10 but does not exceed $100 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $15;
                     (C)  if the face amount of the check or sight order
  is greater than $100 but does not exceed $300 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $30;
                     (D)  if the face amount of the check or sight order
  is greater than $300 but does not exceed $500 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $50; and
                     (E)  if the face amount of the check or sight order
  is greater than $500 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $75;
               (22)  fees for a pretrial intervention program:
                     (A)  a supervision fee (Art. 102.012(a), Code of
  Criminal Procedure) . . . $60 a month plus expenses; and
                     (B)  a district attorney, criminal district
  attorney, or county attorney administrative fee (Art. 102.0121,
  Code of Criminal Procedure) . . . not to exceed $500;
               (23)  parking fee violations for child safety fund in
  municipalities with populations:
                     (A)  greater than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not less than $2 and not to exceed $5; and
                     (B)  less than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not to exceed $5;
               (24)  an administrative fee for collection of fines,
  fees, restitution, or other costs (Art. 102.072, Code of Criminal
  Procedure) . . . not to exceed $2 for each transaction;
               (25)  a collection fee, if authorized by the
  commissioners court of a county or the governing body of a
  municipality, for certain debts and accounts receivable, including
  unpaid fines, fees, court costs, forfeited bonds, and restitution
  ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
  percent of an amount more than 60 days past due; and
               (26)  a cost on conviction for the youth [truancy
  prevention and] diversion fund (Art. 102.015, Code of Criminal
  Procedure) . . . $2.
         SECTION 28.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.02102 to read as follows:
         Sec. 103.02102.  ADDITIONAL FEE FOR YOUTH DIVERSION: CODE OF
  CRIMINAL PROCEDURE. A parent of a child participating in a
  diversion program shall, if ordered by the court under Article
  45.316, Code of Criminal Procedure, pay a fee of $30 to defray the
  costs of youth diversion programs under Subchapter E, Chapter 45,
  Code of Criminal Procedure.
         SECTION 29.  The following laws are repealed:
               (1)  Article 42.15(a-1), Code of Criminal Procedure, as
  added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
  Regular Session, 2017;
               (2)  Article 45.041(a-1), Code of Criminal Procedure,
  as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
  Regular Session, 2017;
               (3)  Article 45.0492, Code of Criminal Procedure, as
  added by Chapter 277 (H.B. 350), Acts of the 82nd Legislature,
  Regular Session, 2011;
               (4)  Article 45.0492, Code of Criminal Procedure, as
  added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
  Regular Session, 2011;
               (5)  Article 42.15(f), Code of Criminal Procedure; and
               (6)  Section 52.031(a-1), Family Code.
         SECTION 30.  Not later than September 1, 2020, each justice
  and municipal court shall implement a youth diversion plan under
  Subchapter E, Chapter 45, Code of Criminal Procedure, as added by
  this Act.
         SECTION 31.  The changes in law made by this Act apply only
  to an offense committed on or after September 1, 2020.  An offense
  committed before September 1, 2020, is governed by the law in effect
  on the date the offense was committed, and the former law is
  continued in effect for that purpose.  For purposes of this section,
  an offense was committed before September 1, 2020, if any element of
  the offense occurred before that date.
         SECTION 32.  This Act takes effect September 1, 2019.
feedback