H.B. No. 1204         AN ACT   relating to the provision of services as an alternative to   adjudication for certain children who engage in conduct in need of   supervision or delinquent conduct and to a study on certain   juvenile justice issues.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 53.01, Family Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  The person who is conducting the preliminary   investigation shall, as appropriate, refer the child's case to a   community resource coordination group, a local-level interagency   staffing group, or other community juvenile service provider for   services under Section 53.011, if the person determines that:                (1)  the child is younger than 12 years of age;                (2)  there is probable cause to believe the child   engaged in delinquent conduct or conduct indicating a need for   supervision;                (3)  the child's case does not require referral to the   prosecuting attorney under Subsection (d) or (f);                (4)  the child is eligible for deferred prosecution   under Section 53.03; and                (5)  the child and the child's family are not currently   receiving services under Section 53.011 and would benefit from   receiving the services.          SECTION 2.  Chapter 53, Family Code, is amended by adding   Section 53.011 to read as follows:          Sec. 53.011.  SERVICES PROVIDED TO CERTAIN CHILDREN AND   FAMILIES. (a) In this section:                (1)  "Community resource coordination group" has the   meaning assigned by Section 531.421, Government Code.                (2)  "Local-level interagency staffing group" means a   group established under the memorandum of understanding described   by Section 531.055, Government Code.          (b)  On receipt of a referral under Section 53.01(b-1), a   community resource coordination group, a local-level interagency   staffing group, or another community juvenile services provider   shall evaluate the child's case and make recommendations to the   juvenile probation department for appropriate services for the   child and the child's family.          (c)  The probation officer shall create and coordinate a   service plan or system of care for the child or the child's family   that incorporates the service recommendations for the child or the   child's family provided to the juvenile probation department under   Subsection (b). The child and the child's parent, guardian, or   custodian must consent to the services with knowledge that consent   is voluntary.          (d)  For a child who receives a service plan or system of care   under this section, the probation officer may hold the child's case   open for not more than three months to monitor adherence to the   service plan or system of care. The probation officer may adjust the   service plan or system of care as necessary during the monitoring   period. The probation officer may refer the child to the   prosecuting attorney if the child fails to successfully participate   in required services during that period.          SECTION 3.  Subchapter A, Chapter 152, Human Resources Code,   is amended by adding Section 152.00145 to read as follows:          Sec. 152.00145.  DIVERSION AND DETENTION POLICY FOR CERTAIN   JUVENILES. A juvenile board shall establish policies that   prioritize:                (1)  the diversion of children younger than 12 years of   age from referral to a prosecuting attorney under Chapter 53,   Family Code; and                (2)  the limitation of detention of children younger   than 12 years of age to circumstances of last resort.          SECTION 4.  (a) The Office of Court Administration of the   Texas Judicial System shall conduct a study to examine the use of   the terms "juvenile," "child," and "minor" throughout the criminal   justice and juvenile justice statutes of this state and the varying   definitions assigned those terms.  The study shall also determine   whether:                (1)  adjudication under the adult criminal justice   system of juveniles charged with misdemeanors punishable by fine   only is just and efficient; and                (2)  certain procedures under the juvenile justice   system if used in the adjudication of juveniles charged with   misdemeanors punishable by fine only would provide a more just and   efficient process for responding to violations of the law by   juvenile offenders.          (b)  In conducting the study under Subsection (a) of this   section, the Office of Court Administration of the Texas Judicial   System shall consult with the chair of the senate criminal justice   committee, the chair of the juvenile justice and family issues   committee of the house of representatives, and the chair of the   corrections committee of the house of representatives.          (c)  Not later than December 1, 2018, the Office of Court   Administration of the Texas Judicial System shall submit a report   containing the results of the study conducted under Subsection (a)   of this section to the governor, the lieutenant governor, the   speaker of the house of representatives, and the appropriate   standing committees of the senate and the house of representatives.          (d)  This section expires December 1, 2019.            SECTION 5.  The changes in law made by this Act apply only to   a child who engages in conduct that occurs on or after the effective   date of this Act.  A child who engages in conduct that occurs before   the effective date of this Act is governed by the law in effect on   the date the conduct occurred, and the former law is continued in   effect for that purpose. For purposes of this section, conduct   occurs before the effective date of this Act if any element of the   conduct occurs before that date.          SECTION 6.  This Act takes effect September 1, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1204 was passed by the House on April   28, 2017, by the following vote:  Yeas 136, Nays 0, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 1204 on May 26, 2017, by the following vote:  Yeas 143, Nays 0,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 1204 was passed by the Senate, with   amendments, on May 24, 2017, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor