By: White, Collier (Senate Sponsor - Perry, Miles) H.B. No. 3660          (In the Senate - Received from the House May 12, 2021;   May 13, 2021, read first time and referred to Committee on Criminal   Justice; May 22, 2021, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 5, Nays 2;   May 22, 2021, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 3660 By:  Whitmire     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 and fines.          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 misdemeanor punishable by fine   only, 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 misdemeanor punishable by fine only, 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   otherwise provided by this subchapter, a child shall be diverted   from formal criminal prosecution as provided by this subchapter.          (b)  A child is not eligible for diversion if the child has   previously had two unsuccessful diversions under this subchapter   for offenses that were not part of a single criminal episode, as   defined by Section 3.01, Penal Code.          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, a tobacco awareness program, or a drug education   program;                      (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 disposition or diversion by law enforcement   under Article 45.310 or 45.311;                (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.          (c)  A diversion strategy under this subchapter may not   require a child who is a home-schooled student, as defined by   Section 29.916, Education Code, to:                (1)  attend an elementary or secondary school; or                (2)  use an educational curriculum other than the   curriculum selected by the parent.          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 interests 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 interests 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 interests 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)  subject to Subsection (d), 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)  An order under Subsection (c)(4) may not have the   substantive effect of interfering with a parent's fundamental right   to determine how to raise the parent's child, unless the court finds   that the interference is necessary to prevent significant   impairment of the child's physical, mental, or emotional health.          (e)  An order under Subsection (c)(4) is enforceable by   contempt.          (f)  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.          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.  Articles 42.15(a-1) and (d), Code of Criminal   Procedure, are 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).          (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 3.  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 misdemeanor punishable by fine   only, 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 4.  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 5.  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 misdemeanor punishable by fine only, other than a traffic [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.          (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 6.  Articles 45.041(a-1), (b-3), and (b-5), Code of   Criminal Procedure, are 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).          (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 7.  Articles 45.049(a), (b), (c), (d), (f), and (i),   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.          (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.          (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 8.  Article 45.051(a-1), Code of Criminal Procedure,   is 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 fines and court costs as required by   Subsection (a), the judge may:                (1)  allow the defendant to enter into an agreement for   payment of those fines and costs in installments during the   defendant's period of probation;                (2)  require an eligible defendant to discharge all or   part of those fines and costs by performing community service or   attending a tutoring program under Article 45.049 [or under Article   45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd   Legislature, Regular Session, 2011];                (3)  waive all or part of those fines and costs under   Article 45.0491; or                (4)  take any combination of actions authorized by   Subdivision (1), (2), or (3).          SECTION 9.  Articles 45.056(a), (b), (d), (e), (g), and (h),   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)  The court or governing body may pay from the local youth   diversion fund established under Section 134.156, Local Government   Code:                (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   local truancy prevention and diversion fund established under   Section 134.156, Local Government Code].          (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).          (h)  The commissioners court or governing body of the   municipality that administers a local youth [truancy prevention   and] diversion fund under Section 134.156, Local Government Code,   shall require periodic review of juvenile case managers to ensure   the implementation of the rules adopted under Subsection (f).          SECTION 10.  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 11.  The heading to Article 102.014, Code of   Criminal Procedure, is amended to read as follows:          Art. 102.014.  FINES FOR CHILD SAFETY FUND [IN   MUNICIPALITIES].          SECTION 12.  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 fines 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 fine 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 13.  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 fine of $50 for   juvenile delinquency prevention and graffiti eradication.          (c)  The clerks of the respective courts shall collect the   fines and pay the fines 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 14.  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 15.  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 16.  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 17.  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 18.  Section 133.102(e), Local Government Code, is   amended to read as follows:          (e)  The comptroller shall allocate the court costs received   under this section to the following accounts and funds so that each   receives to the extent practicable, utilizing historical data as   applicable, the same amount of money the account or fund would have   received if the court costs for the accounts and funds had been   collected and reported separately, except that the account or fund   may not receive less than the following percentages:                (1)  crime stoppers assistance account   0.2427 percent;                (2)  breath alcohol testing account   0.3900 percent;                (3)  Bill Blackwood Law Enforcement Management   Institute account   1.4741 percent;                (4)  Texas Commission on Law Enforcement account   3.4418 percent;                (5)  law enforcement and custodial officer supplement   retirement trust fund   7.2674 percent;                (6)  criminal justice planning account   8.5748 percent;                (7)  an account in the state treasury to be used only   for the establishment and operation of the Center for the Study and   Prevention of Juvenile Crime and Delinquency at Prairie View A&M   University   0.8540 percent;                (8)  compensation to victims of crime account   24.6704 percent;                (9)  emergency radio infrastructure account   3.6913 percent;                (10)  judicial and court personnel training account   3.3224 percent;                (11)  an account in the state treasury to be used for   the establishment and operation of the Correctional Management   Institute of Texas and Criminal Justice Center account [Account]   0.8522 percent;                (12)  fair defense account   17.8857 percent;                (13)  judicial fund   12.2667 percent;                (14)  DNA testing account   0.1394 percent;                (15)  specialty court account   1.0377 percent;                (16)  statewide electronic filing system account   0.5485 percent;                (17)  jury service fund   6.4090 percent;                (18)  youth [truancy prevention and] diversion account   2.5956 percent; and                (19)  transportation administrative fee account   4.3363 percent.          SECTION 19.  Section 133.125, Local Government Code, is   amended to read as follows:          Sec. 133.125.  ALLOCATION OF FEES TO YOUTH [TRUANCY   PREVENTION AND] DIVERSION ACCOUNT.  (a)  The youth [truancy   prevention and] diversion account is a dedicated account in the   general revenue fund. The account consists of money allocated to   the account under Section 133.102(e).          (b)  The legislature may appropriate money from the youth   [truancy prevention and] diversion 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.          (c)  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 20.  Section 134.103(b), Local Government Code, is   amended to read as follows:          (b)  The treasurer shall allocate the court costs received   under this section to the following accounts and funds so that each   receives to the extent practicable, utilizing historical data as   applicable, the same amount of money the account or fund would have   received if the court costs for the accounts and funds had been   collected and reported separately, except that the account or fund   may not receive less than the following percentages:                (1)  the courthouse security fund or municipal court   building security fund, as appropriate   35 percent;                (2)  the local youth [truancy prevention and] diversion   fund   35.7143 percent;                (3)  the justice court technology fund or municipal   court technology fund, as appropriate   28.5714 percent; and                (4)  the county or municipal jury fund, as appropriate   0.7143 percent.          SECTION 21.  The heading to Section 134.156, Local   Government Code, is amended to read as follows:          Sec. 134.156.  LOCAL YOUTH [TRUANCY PREVENTION AND]   DIVERSION FUND.          SECTION 22.  Section 134.156(a), Local Government Code, is   amended to read as follows:          (a)  Money allocated under Section 134.103 to the local youth   [truancy prevention and] diversion fund maintained in the county or   municipal treasury as required by Section 134.151 may be used by a   county or municipality to finance the salary, benefits, training,   travel expenses, office supplies, and other necessary expenses   relating to the position of a juvenile case manager employed or   contracted under Article 45.056, Code of Criminal Procedure.  If   there is money in the fund after those costs are paid, subject to   the direction of the governing body of the county or municipality   and 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.          SECTION 23.  The following laws are repealed:                (1)  Article 45.0492, Code of Criminal Procedure, as   added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,   Regular Session, 2011;                (2)  Article 45.0492, Code of Criminal Procedure, as   added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,   Regular Session, 2011;                (3)  Article 42.15(f), Code of Criminal Procedure; and                (4)  Section 52.031(a-1), Family Code.          SECTION 24.  Not later than September 1, 2022, 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 25.  The changes in law made by this Act apply only   to an offense committed on or after September 1, 2022.  An offense   committed before September 1, 2022, 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, 2022, if any element of   the offense occurred before that date.          SECTION 26.  This Act takes effect September 1, 2021.     * * * * *