HB4846 - Relating to the criminal procedures related to children who commit certain Class C misdemeanors.

  89R13810 MCF-D     By: Hopper H.B. No. 4846       A BILL TO BE ENTITLED   AN ACT   relating to the criminal procedures related to children who commit   certain Class C misdemeanors.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.15(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  Subject to Subsection [ Subsections ] (c) [ and (d) ] and   Article 43.091, when imposing a fine and costs, a court may direct a   defendant:                (1)  to pay the entire fine and costs when sentence is   pronounced;                (2)  to pay the entire fine and costs at some later   date; or                (3)  to pay a specified portion of the fine and costs at   designated intervals.          SECTION 2.  The heading to Article 43.091, Code of Criminal   Procedure, is amended to read as follows:          Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR   CERTAIN DEFENDANTS [ AND FOR CHILDREN ].          SECTION 3.  Article 43.091(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A court may waive payment of all or part of a fine   imposed on a defendant if the court determines that:                (1)  the defendant is indigent or does not have   sufficient resources or income to pay all or part of the fine [ or   was, at the time the offense was committed, a child as defined by   Article 45A.453(a) ]; and                (2)  each alternative method of discharging the fine   under Article 43.09 or 42.15 would impose an undue hardship on the   defendant.          SECTION 4.  Article 45.305(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A diversion strategy may be imposed under:                (1)  an intermediate diversion under Article 45.309; or                (2)  a diversion by a justice or judge under Article   45.310[ ; or                [ (3)     a system of graduated sanctions for certain   school offenses under Section 37.144, Education Code ].          SECTION 5.  Article 45A.251(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  Subject to Article [ Articles ] 45A.253(a) [ and (b) ] and   Article 45A.257, the justice or judge may direct the defendant:                (1)  to pay:                      (A)  the entire fine and costs when the sentence   is pronounced;                      (B)  the entire fine and costs at a later date; or                      (C)  a specified portion of the fine and costs at   designated intervals;                (2)  if applicable, to make restitution to a victim of   the offense; and                (3)  to satisfy any other sanction authorized by law.          SECTION 6.  Article 45A.257(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A municipal court, regardless of whether the court is a   court of record, or a justice court may waive payment of all or part   of a fine imposed on a defendant if the court determines that:                (1)  the defendant [ :                      [ (A) ]  is indigent or does not have sufficient   resources or income to pay all or part of the fine; [ or                      [ (B)     was, at the time the offense was committed,   a child as defined by Article 45A.453(a); ] and                (2)  discharging the fine under Article 45A.254 [ or as   otherwise authorized by this chapter ] would impose an undue   hardship on the defendant.          SECTION 7.  Article 45A.401(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A justice or municipal court may defer proceedings   against a defendant described by Subsection (a) for a period not to   exceed 180 days if the defendant:                (1)  is charged with an offense that the court has   jurisdiction of under Article 4.11 or 4.14;                (2)  with the defendant's parent, guardian, or managing   conservator present, pleads nolo contendere or guilty to the   offense in open court;                (3)  presents to the court an oral or written request to   attend a teen court program [ or is recommended to attend the program   by a school employee under Section 37.146, Education Code ]; and                (4)  has not successfully completed a teen court   program in the year preceding the date that the alleged offense   occurred.          SECTION 8.  (a) This section takes effect only if the Act of   the 89th Legislature, Regular Session, 2025, relating to   nonsubstantive additions to and corrections in enacted codes   becomes law.          (b)  Article 45A.451(a), Code of Criminal Procedure, is   amended to conform to Chapter 525 (H.B. 3186), Acts of the 88th   Legislature, Regular Session, 2023, and further amended to read as   follows:          (a)  On approval of the commissioners court, governing body   of a municipality, 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 [ :                      [ (A) ]  in cases involving :                       (A)  youth diversion under Subchapter K; or                       (B)  children [ juvenile offenders who are ] before   a court consistent with the court's statutory powers; [ or                      [ (B)     to a juvenile who is referred to a court by a   school administrator or designee for misconduct that would   otherwise be within the court's statutory powers before a case is   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 youth diversion [ :                            [ (i)     prevention services to a child   considered at risk of entering the juvenile justice system; and                            [ (ii)  intervention ] services to a child   [ juvenile ] engaged in misconduct, excluding traffic offenses, if a   case has not yet been filed with respect to the misconduct; 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).          SECTION 9.  (a) This section takes effect only if the Act of   the 89th Legislature, Regular Session, 2025, relating to   nonsubstantive additions to and corrections in enacted codes does   not become law.          (b)  Articles 45A.451(a) and (d), Code of Criminal   Procedure, are amended to read as follows:          (a)  On approval of the commissioners court, governing body   of a municipality, 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 case manager to provide services [ :                      [ (A) ]  in cases involving juvenile offenders [ who   are ] before a court consistent with the court's statutory powers;   or                      [ (B)     to a juvenile who is referred to a court by a   school administrator or designee for misconduct that would   otherwise be within the court's statutory powers before a case is   filed, with the consent of the juvenile and the juvenile's parents   or guardians; ]                (2)  [ employ 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)     intervention services to a juvenile   engaged in misconduct, excluding traffic offenses, if a case has   not yet been filed with respect to the misconduct; or                [ (3) ]  agree in accordance with Chapter 791, Government   Code, with any appropriate governmental entity to jointly employ a   case manager or to jointly contribute to the costs of a case manager   employed by one governmental entity to provide services described   by Subdivision [ Subdivisions ] (1) [ and (2) ].          (d)  An entity that jointly employs a case manager under   Subsection (a)(2) [ (a)(3) ] employs a juvenile case manager for   purposes of Chapter 102.          SECTION 10.  (a) This section takes effect only if the Act   of the 89th Legislature, Regular Session, 2025, relating to   nonsubstant [Text truncated for display. 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