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| Houston Juvenile Defense Lawyer Andy Nolen |
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CHAPTER 51. GENERAL PROVISIONS
Sec. 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN COUNTIES: DEFERRED
PROSECUTION. (a) A juvenile court may transfer interim supervision, but not permanent
supervision, to the county where a child on deferred prosecution resides.
(b) On an extension of a previous order of deferred prosecution authorized under Section 53.03(j),
the child shall remain on interim supervision for an additional period not to exceed 180 days.
(c) On a violation of the conditions of the original deferred prosecution agreement, the receiving
county shall forward the case to the sending county for prosecution or other action in the manner
provided by Sections 51.072(i) and (j), except that the original conditions of deferred prosecution
may not be modified by the receiving county.
Added by Acts 2005, 79th Leg., Ch. 949, Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 7, eff. September 1, 2007.
Sec. 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING COUNTIES. (a) If a child
who is on probation in one county spends substantial time in an adjoining county, including
residing, attending school, or working in the adjoining county, the juvenile probation
departments of the two counties may enter into a collaborative supervision arrangement
regarding the child.
(b) Under a collaborative supervision arrangement, the juvenile probation department of the
adjoining county may authorize a probation officer for the county to provide supervision and
other services for the child as an agent of the juvenile probation department of the county in
which the child was placed on probation. The probation officer providing supervision and other
services for the child in the adjoining county shall provide the probation officer supervising the
child in the county in which the child was placed on probation with periodic oral, electronic, or
written reports concerning the child.
(c) The juvenile court of the county in which the child was placed on probation retains sole
authority to modify, amend, extend, or revoke the child's probation.
Added by Acts 2005, 79th Leg., Ch. 949, Sec. 4, eff. September 1, 2005.
Sec. 51.08. TRANSFER FROM CRIMINAL COURT. (a) If the defendant in a criminal proceeding
is a child who is charged with an offense other than perjury, a traffic offense, a misdemeanor
punishable by fine only other than public intoxication, or a violation of a penal ordinance of a
political subdivision, unless he has been transferred to criminal court under Section 54.02 of
this code, the court exercising criminal jurisdiction shall transfer the case to the juvenile court,
together with a copy of the accusatory pleading and other papers, documents, and transcripts of
testimony relating to the case, and shall order that the child be taken to the place of detention
designated by the juvenile court, or shall release him to the custody of his parent, guardian, or
custodian, to be brought before the juvenile court at a time designated by that court.
(b) A court in which there is pending a complaint against a child alleging a violation of a
misdemeanor offense punishable by fine only other than a traffic offense or public intoxication
or a violation of a penal ordinance of a political subdivision other than a traffic offense:
(1) except as provided by Subsection (d), shall waive its original jurisdiction and refer a child to
juvenile court if the child has previously been convicted of:
(A) two or more misdemeanors punishable by fine only other than a traffic offense or public
intoxication;
(B) two or more violations of a penal ordinance of a political subdivision other than a traffic
offense; or
(C) one or more of each of the types of misdemeanors described in Paragraph (A) or (B) of this
subdivision; and
(2) may waive its original jurisdiction and refer a child to juvenile court if the child:
(A) has not previously been convicted of a misdemeanor punishable by fine only other than a
traffic offense or public intoxication or a violation of a penal ordinance of a political subdivision
other than a traffic offense; or
(B) has previously been convicted of fewer than two misdemeanors punishable by fine only other
than a traffic offense or public intoxication or two violations of a penal ordinance of a political
subdivision other than a traffic offense.
(c) A court in which there is pending a complaint against a child alleging a violation of a
misdemeanor offense punishable by fine only other than a traffic offense or public intoxication
or a violation of a penal ordinance of a political subdivision other than a traffic offense shall
notify the juvenile court of the county in which the court is located of the pending complaint and
shall furnish to the juvenile court a copy of the final disposition of any matter for which the
court does not waive its original jurisdiction under Subsection (b) of this section.
(d) A court that has implemented a juvenile case manager program under Article 45.056, Code of
Criminal Procedure, may, but is not required to, waive its original jurisdiction under Subsection
(b)(1).
(e) A juvenile court may not refuse to accept the transfer of a case brought under Section 25.094,
Education Code, for a child described by Subsection (b)(1) if a prosecuting attorney for the court
determines under Section 53.012 that the case is legally sufficient under Section 53.01 for
adjudication in juvenile court.
Amended by:
Acts 2005, 79th Leg., Ch. 650, Sec. 1, eff. September 1, 2005.
Sec. 51.09. WAIVER OF RIGHTS. Unless a contrary intent clearly appears elsewhere in this title,
any right granted to a child by this title or by the constitution or laws of this state or the United
States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney for the child;
(2) the child and the attorney waiving the right are informed of and understand the right and
the possible consequences of waiving it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court proceedings that are recorded.
eff. Sept. 1, 1
Sec. 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD. (a) Notwithstanding Section 51.09,
the statement of a child is admissible in evidence in any future proceeding concerning the
matter about which the statement was given if:
(1) the statement is made in writing under a circumstance described by Subsection (d) and:
(A) the statement shows that the child has at some time before the making of the statement
received from a magistrate a warning that:
(i) the child may remain silent and not make any statement at all and that any statement that
the child makes may be used in evidence against the child;
(ii) the child has the right to have an attorney present to advise the child either prior to any
questioning or during the questioning;
(iii) if the child is unable to employ an attorney, the child has the right to have an attorney
appointed to counsel with the child before or during any interviews with peace officers or
attorneys representing the state; and
(iv) the child has the right to terminate the interview at any time;
(B) and:
(i) the statement must be signed in the presence of a magistrate by the child with no law
enforcement officer or prosecuting attorney present, except that a magistrate may require a
bailiff or a law enforcement officer if a bailiff is not available to be present if the magistrate
determines that the presence of the bailiff or law enforcement officer is necessary for the
personal safety of the magistrate or other court personnel, provided that the bailiff or law
enforcement officer may not carry a weapon in the presence of the child; and
(ii) the magistrate must be fully convinced that the child understands the nature and contents
of the statement and that the child is signing the same voluntarily, and if a statement is taken,
the magistrate must sign a written statement verifying the foregoing requisites have been met;
(C) the child knowingly, intelligently, and voluntarily waives these rights before and during
the making of the statement and signs the statement in the presence of a magistrate; and
(D) the magistrate certifies that the magistrate has examined the child independent of any law
enforcement officer or prosecuting attorney, except as required to ensure the personal safety of
the magistrate or other court personnel, and has determined that the child understands the
nature and contents of the statement and has knowingly, intelligently, and voluntarily waived
these rights;
(2) the statement is made orally and the child makes a statement of facts or circumstances that
are found to be true and tend to establish the child's guilt, such as the finding of secreted or
stolen property, or the instrument with which the child states the offense was committed;
(3) the statement was res gestae of the delinquent conduct or the conduct indicating a need for
supervision or of the arrest;
(4) the statement is made:
(A) in open court at the child's adjudication hearing;
(B) before a grand jury considering a petition, under Section 53.045, that the child engaged in
delinquent conduct; or
(C) at a preliminary hearing concerning the child held in compliance with this code, other than
at a detention hearing under Section 54.01; or
(5) subject to Subsection (f), the statement is made orally under a circumstance described by
Subsection (d) and the statement is recorded by an electronic recording device, including a
device that records images, and:
(A) before making the statement, the child is given the warning described by Subdivision (1)(A)
by a magistrate, the warning is a part of the recording, and the child knowingly, intelligently,
and voluntarily waives each right stated in the warning;
(B) the recording device is capable of making an accurate recording, the operator of the device is
competent to use the device, the recording is accurate, and the recording has not been altered;
(C) each voice on the recording is identified; and
(D) not later than the 20th day before the date of the proceeding, the attorney representing the
child is given a complete and accurate copy of each recording of the child made under this
subdivision.
(b) This section and Section 51.09 do not preclude the admission of a statement made by the child
if:
(1) the statement does not stem from interrogation of the child under a circumstance described
by Subsection (d); or
(2) without regard to whether the statement stems from interrogation of the child under a
circumstance described by Subsection (d), the statement is voluntary and has a bearing on the
credibility of the child as a witness.
(c) An electronic recording of a child's statement made under Subsection (a)(5) shall be
preserved until all juvenile or criminal matters relating to any conduct referred to in the
statement are final, including the exhaustion of all appeals, or barred from prosecution.
(d) Subsections (a)(1) and (a)(5) apply to the statement of a child made:
(1) while the child is in a detention facility or other place of confinement;
(2) while the child is in the custody of an officer; or
(3) during or after the interrogation of the child by an officer if the child is in the possession of
the Department of Protective and Regulatory Services and is suspected to have engaged in
conduct that violates a penal law of this state.
(e) A juvenile law referee or master may perform the duties imposed on a magistrate under this
section without the approval of the juvenile court if the juvenile board of the county in which the
statement of the child is made has authorized a referee or master to perform the duties of a
magistrate under this section.
(f) A magistrate who provides the warnings required by Subsection (a)(5) for a recorded
statement may at the time the warnings are provided request by speaking on the recording that
the officer return the child and the recording to the magistrate at the conclusion of the process of
questioning. The magistrate may then view the recording with the child or have the child view
the recording to enable the magistrate to determine whether the child's statements were given
voluntarily. The magistrate's determination of voluntariness shall be reduced to writing and
signed and dated by the magistrate. If a magistrate uses the procedure described by this
subsection, a child's statement is not admissible unless the magistrate determines that the
statement was given voluntarily.
A) the detention hearing required by Section 54.01 of this code;
(2) the hearing to consider transfer to criminal court required by Section 54.02 of this code;
(3) the adjudication hearing required by Section 54.03 of this code;
(4) the disposition hearing required by Section 54.04 of this code;
(5) the hearing to modify disposition required by Section 54.05 of this code;
(6) hearings required by Chapter 55 of this code;
(7) habeas corpus proceedings challenging the legality of detention resulting from action under
this title; and
(8) proceedings in a court of civil appeals or the Texas Supreme Court reviewing proceedings
under this title.
(b) The child's right to representation by an attorney shall not be waived in:
(1) a hearing to consider transfer to criminal court as required by Section 54.02 of this code;
(2) an adjudication hearing as required by Section 54.03 of this code;
(3) a disposition hearing as required by Section 54.04 of this code;
(4) a hearing prior to commitment to the Texas Youth Commission as a modified disposition in
accordance with Section 54.05(f) of this code; or
(5) hearings required by Chapter 55 of this code.
(c) If the child was not represented by an attorney at the detention hearing required by Section
54.01 of this code and a determination was made to detain the child, the child shall immediately
be entitled to representation by an attorney. The court shall order the retention of an attorney
according to
