88R22259 CJD-F     By: Leach H.B. No. 3186     Substitute the following for H.B. No. 3186:     By:  Lozano C.S.H.B. No. 3186       A BILL TO BE ENTITLED   AN ACT   relating to youth diversion strategies and procedures for children   accused of certain fine-only offenses in municipal and justice   courts and related criminal justice matters; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Youth   Diversion and Early Intervention Act.          SECTION 2.  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)  "Court" means a justice court, municipal court, or   other court subject to this chapter.                (4)  "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 45.309 or 45.310.                (5)  "Offense" means a misdemeanor punishable by fine   only, other than a traffic offense.                (6)  "Parent" has the meaning assigned by Article   45.057(a).                (7)  "Service provider" means a governmental agency,   political subdivision, open-enrollment charter school, nonprofit   organization, or other entity that provides services to children or   families.                (8)  "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 eligible to enter into a diversion agreement   under this subchapter only once every 365 days.          (c)  A child is not eligible for diversion if the child has   previously had an unsuccessful diversion under this subchapter.          (d)  A child is not eligible for diversion if a diversion is   objected to by the attorney representing the state.          (e)  A court may not divert a child from criminal prosecution   as provided by this subchapter without the written consent of the   child and the child's parent.          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 a 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)  an intermediate diversion under Article 45.309;                (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.          (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 45.308.          (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. The   guidelines are not mandatory.          (g)  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.          (h)  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 child 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, including a juvenile probation department;                (5)  a county or municipal employee, including a peace   officer;                (6)  a community volunteer;                (7)  an institution of higher education, including a   public, private, or independent institution of higher education; or                (8)  a qualified nonprofit organization as determined   by the court.          Art. 45.308.  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 45.309   or 45.310.          (b)  Stated objectives in a diversion agreement must be   measurable, realistic, and reasonable and consider the   circumstances of the child, the best interests of the child, and the   long-term safety of the community.          (c)  A diversion agreement must include:                (1)  the terms of the agreement, including one or more   diversions required to be completed by the child, written in a clear   and concise manner and identifying any offense or charge being   diverted;                (2)  possible outcomes or 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, or the diversion strategy used.           (e)  A charge may not be filed against a child or, if filed,   shall be dismissed by the court 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. 45.309.  INTERMEDIATE DIVERSION. (a) If provided by a   youth diversion plan, a youth diversion coordinator or juvenile   case manager 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   promotes the long-term safety of 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 45.311.          Art. 45.310.  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   as follows:                (1)  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; or                (2)  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.          (b)  A diversion under this article may not exceed 180 days.          (c)  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.          (d)  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.          (e)  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 45.311.          Art. 45.311.  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 45.309 or 45.310 and   is referred to the 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 long-term safety of the community.          (c)  After the hearing, a court may enter an order:                (1)  amending or setting aside terms in the diversion   agreement;                (2)  extending the diversion for a period not to exceed   one year from the initial start date of the diversion;                (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 the diversion;                (4)  subject to Subsection (d), requiring the child's   parent to perform any act or refrain from performing any act as the   court determines 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 and:                      (A)  transferring the child to juvenile court for   alleged conduct indicating a need for supervision under Section   51.08, Family Code; or                      (B)  referring the charge to the prosecutor for   consideration of re-filing.          (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 against   the parent by contempt.          (f)  The statute of limitations in Article 12.02(b) is tolled   during the diversion period for purposes of Subsection (c)(6)(B).          Art. 45.312.  LOCAL YOUTH DIVERSION ADMINISTRATIVE FEE.   (a)  The clerk of a justice or municipal court may collect from a   child's parent a $50 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)  An order under Subsection (b) is enforceable against the   parent by contempt.          (f)  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.          (g)  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.          (h)  Except for the fee authorized under Subsection (a), a   fee may not be assessed for a child diverted under this subchapter.          (i)  The diversion of a child may not be contingent on   payment of a fee under this article.          Art. 45.313.  DIVERSION RECORDS. (a)  A justice or   municipal court shall maintain statistics for each diversion   strategy authorized by this subchapter.          (b)  Other than statistical records, all records generated   under this subchapter are confidential under Article 45.0217.          (c)  All records of a diversion pertaining to a child under   this subchapter shall be expunged without the requirement of a   motion or request, on the child's 18th birthday.          SECTION 3.  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 4.  Article 45.041, Code of Criminal Procedure, is   amended by adding Subsection (a-2) and amending Subsection (b-3) to   read as follows:          (a-2)  In a case involving a child who is eligible for   diversion under Article 45.304 that results in a trial, if the court   determines that the evidence presented in a bench trial would   support a finding of guilt, or if a jury returns a verdict of   guilty, the court shall provide the child and the child's parents   the opportunity to accept placement in diversion, under Article   45.310, instead of entering an adjudication of guilt.  If the child   and the child's parents accept the opportunity for placement in   diversion under Article 45.310, the court shall place the child in   diversion.  If the child and the child's parents decline the   opportunity for placement in diversion under Article 45.310, the   court shall find the child guilty and proceed to sentencing.          (b-3)  If a diversion is not required under Subchapter E or   Subsection (a-2), 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).          SECTION 5.  Articles 45.049(f) and (i), Code of Criminal   Procedure, are amended to read as follows:          (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 6.  Articles 45.056(a), (b), (d), (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].          (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 7.  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 8.  Article 45.056(e), Code of Criminal Procedure,   as amended by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature,   Regular Session, 2011, and repealed by Chapter 1098 (S.B. 1489),   Acts of the 82nd Legislature, Regular Session, 2011, is reenacted   and amended to read as follows:          (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 of this chapter.          SECTION 9.  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 10.  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 11.  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 12.  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 Section   52.03; or                (3)  a justice or municipal court under Article 45.057,   45.309, or 45.310, Code of Criminal Procedure.          SECTION 13.  Section 22.1105(a), Government Code, is amended   to read as follows:          (a)  Each judge of a court with jurisdiction to hear 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 complete   a course of instruction related to youth diversion and   understanding relevant issues of child welfare, including issues   related to mental health and children with disabilities, [and the   Individuals with Disabilities Education Act (20 U.S.C. Section 1400   et seq.)] every judicial academic year that ends in a 0 or a 5.          SECTION 14.  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 15.  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 16.  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 17.  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 18.  Section 134.156, Local Government Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  In a county or municipality that employs or contracts   with a juvenile case manager under Article 45.056, Code of Criminal   Procedure, money [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 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.          (a-1)  In a county or municipality that does not employ or   contract with a juvenile case manager, the governing body of the   county or municipality, in consultation with the court, may direct   money described by Subsection (a) to be used for the support of a   local mental health authority, juvenile alcohol and substance abuse   programs, educational and leadership programs, teen court   programs, and any other project designed to prevent or reduce the   number of juvenile referrals to the court.          SECTION 19.  Not later than January 1, 2025, 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 20.  The changes in law made by this Act apply only   to an offense committed on or after January 1, 2025.  An offense   committed before January 1, 2025, 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 January 1, 2025, if any element of   the offense occurred before that date.          SECTION 21.  This Act takes effect January 1, 2024.