1. ALWAYS KEEP IN MIND THE DIFFERENCE BETWEEN A MINOR, A CHILD, AND A JUVENILE. THEY ARE NOT NECESSARILY THE SAME For criminal and delinquency matters, always look at the age at the time of the conduct in question. How old was he when he did it? Texas Family Code, Title III = 10 - 16 Texas Family Code, Title II & V = 0 - 17 Texas Transportation Code (729.001) = 0 - 16 Texas CCP Chap.63 (missing child) = 0 - 17 Compulsory School Attendance = 18th B’day Health & Safety Code (minor) = under 18 Alcohol Beverage Code (minor) = under 21

2. IMPORTANT AGE LIMITS AGE 10: Minimum age for Juvenile Court jurisdiction AGE 14: Minimum age for certification for a Capital Felony, an Aggravated Controlled Substance Felony or any First Degree Felony AGE 15: Minimum age for Certification for Second and Third Degree and State Jail Felony offenses AGE 16: Maximum age for committing juvenile offenses. Minimum age for transfer to adult prison for juvenile sentenced under Determinate Sentencing. AGE 17: Minimum age for adult criminal jurisdiction. Offenses committed after reaching age 17 handled as adult. Juvenile Court can have jurisdiction over an adult for certain felony offenses committed before his 17th birthday. AGE 21: Maximum age a child can be in custody of TYC. Must discharged upon 21st birthday. Minimum age for obtaining a concealed hand gun permit.

3. TITLE III - 51.03 (a) (a) DELINQUENT CONDUCT (1) Conduct, other than a traffic offense, that violates a penal law of this state or the United States punishable by imprisonment or by confinement in jail; (2)Is conduct that violates a reasonable lawful order of court under circumstances that would constitute contempt of that court in: (A) a justice or municipal court; or (B) a county court for conduct punishable only by a fine; (3) Is conduct that violates section 49.04, 49.05, 49.06,49.07, 49.08 of the Texas Penal Code; or

4. TRAFFIC OFFENSES OF WHICH JUVENILE COURT HOLDS JURISDICTION Effective 9/1/05 the Texas Family Code, Section 51.02 (16) defines a traffic offense as: (A) a violation of a penal statute cognizable under Chapter 729 of the Texas Transportation Code except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail. (B) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state.

5. (4) Is conduct that violates section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (3rd or subsequent offense) (b) Conduct Indicating a Need For Supervision (1) Conduct, other than traffic that violates: (A) The penal laws of this state of the grade of misdemeanor that are punishable by fine only; or (B) The penal ordinances of any political subdivision of this state; (2) Truancy (3) Runaway (does not include a person who is married divorced or widowed) (4) Conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Sec. 484.002, Health and Safety Code;

6. (5) An act that violates a school district’s previously communicated written standards of student conduct for which the child has been expelled under section 37.007 (c), Texas Education Code (6) Conduct that violates a reasonable and lawful order of a court entered under Section 264.305 (c) Nothing in this title prevents criminal proceedings against a child for perjury. (f) Public intoxication does not constitute child in need of supervision unless referred to juvenile court. Habitual Felony Conduct (1) At least two previous final adjudications as having engaged in delinquent conduct of the grade of felony (does not include state jail felonies) (2) For purposes of this section, an adjudication is final if the child is placed on probation or committed to TYC.

7. WAIVER OF RIGHTS Family Code 51.09 (a) provides that: “ unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or law of the 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 are informed of and understand the right and the possible consequences of waiving it; (3) The waiver is voluntary; (4) The waiver is made in writing or in court proceedings that are recorded.

8. TAKING INTO CUSTODY 52.01 (a) A child may be taken into custody: (1) Pursuant to an order of the Juvenile Court (2) Pursuant to the Laws of Arrest (arrest without a warrant) (3) By a law enforcement officer, including a school district police if he has probable cause to believe the child has engaged in: (A) Conduct that violates a penal law of this state or a penal ordinance of any subdivision of this state; or (B) Delinquent Conduct or Conduct Indicating a Need for Supervision; or (C) Conduct that violates a condition of probation. (4) By a Probation Officer if he has probable cause to believe that the child has violated a condition of probation. (5) Pursuant to a Directive to Apprehend issued as provided by Family Code 52.015 (b) Warning may be issued (Juvenile Board approval)

9. Release or Delivery to Court (Family Code 52.02) (a)“Except as provided by Subsection (c) a person taking a child into custody, without unnecessary delay and without taking the child to any place other than a juvenile processing office designated under Section 52.025 of the Family Code, shall do one of the following”: ( 1 ) release the child to a parent, guardian, or other responsible adult, upon that person’s promise to bring the child to court. ( 2 ) bring the child before the office or official designated by the juvenile board if there is probable cause to believe the child has engaged in Delinquent Conduct, Conduct Indicating a Need for Supervision or probation violation. ( 3 ) bring the child to a detention facility. (4) take the child to a secure detention facility as provided by Section 51.12(j).

10. (5) take the child to a medical facility. (6) release the child without making a referral (FC 52.03) (b) A person taking child into custody shall promptly give notice of the person’s actions and a statement of the reason for taking child into custody, to: (1) the child’s parent, guardian, or custodian; and (2) the office or official designated by juvenile board. (The court will consider the following factors in determining whether notice was “prompt.”) 1. The length of time the juvenile had been in custody before the police notified a parent, guardian, or custodian. 2. Whether notification occurred after police obtained a statement. 3. The ease with which the police were ultimately able to contact. 4. What the police did during the period of delay.

11. (c)A person who takes a child into custody and who has reasonable grounds to believe that the child has been operating a motor vehicle in a public place, may, before complying with Subsection (a) (1) take the child to a place to obtain a specimen of the child’s breath or blood as provided for in Chapter 724, Texas Transportation Code. (2) perform intoxilyzer processing and videotaping of the child in an adult processing office of a law enforcement agency. NOTE: The statute requires that the request by the officer and the consent or refusal by the child must be on the videotape.

12. Admissibility of a Statement of a Child: 51.095 (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”: t (1) the statement is made in writing under circumstances described by Subsection (d) and: (A) the statement shows that the child has at some time before making the statement has received a magistrate’s warning. (B) the child knowingly, intelligently, and voluntarily waives these rights before and during the making of the statement. (C) the child signs the statement in the presence of a magistrate. No law enforcement official or prosecuting attorney may be present during the signing. A magistrate may require a bailiff or law official present to insure the safety of the magistrate, however, no weapon shall be carried in the presence of the child.

13. (D) the magistrate must certify in writing that he/she is convinced that the juvenile understands the nature and contents of the statement and signs it voluntarily. (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, or information previously unknown to the State and must be incriminating to the child. (Miranda Warning should have been administered to child prior to oral statement) (3)The oral statement was “Res Gestae” of the offense. This type of statement can be used whether child was in custody or not. (Defined as an excited utterance not made in response to questioning.)

14. (4) The statement is made: (A) in open court at adjudication hearing (B) before a grand jury (C) at a preliminary hearing (5) 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 a warning 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, the recording is accurate, and the recording has not been altered.

15. (C) Each voice on the recording is identified. (D) not later then the 20th day before the proceeding, the child’s attorney is given an accurate copy of each recording the child has made. (b)This section and section 51.09 does 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 Subsection(d). (2) without regard to whether the statement stems from interrogation of the child under a circumstance described in Subsection (d), the statement is voluntary and has a bearing on the credibility of the child as a witness.

16. SUBSECTION (d) This subsection applies to subsections A and D of this outline and to the statement of a child made: (A) While the child is in a detention facility or other place of confinement; (B) While the child is in the custody of an officer; or (C) 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.

17. DESIGNATION OF JUVENILE PROCESSING OFFICE 52.025 (A) “The juvenile court may designate an office or rooms, which may be located in a police or sheriff’s facility, school, or magistrate’s office as a juvenile processing office for the temporary detention of a child taken into custody”. (B)“The office may not be a cell or holding facility used for detention other than detentions under this section” (C) “The juvenile court by written order may prescribe conditions of the designation and limit the activities that may occur in the office during temporary detention” (D) A child may be detained in a juvenile processing office only for: (1) Return to parents, guardian, or custodian; (2) Completion of essential forms and records required by the juvenile court or Family Code.

18. (3) Photographing and fingerprinting if authorized. (4) Issuance of warnings to the child as required and permitted by the Family Code. (5) Receipt of a statement by the child under 51.09 of the Family Code. (E) A child may not be left unattended in a juvenile processing office and is entitled to be accompanied by his parent, guardian, custodian and/or his attorney. NOTE: An officer who has taken a child into custody and who wishes to take the child’s statement must notify the child’s parent of the arrest, fully comply with section 51.095, and if the child is taken to a processing office, notify the child of his right to have his parent present. In the Matter of C.R.

19. Right of Access to Child (61.103) (A) The parent of a child taken into custody has the right to communicate in person privately with the child for reasonable amounts of time while the child is in: (1) a juvenile processing office (2) a detention facility (3) a secure correctional facility (4) a court-ordered placement center (5) custody of TYC (B) The time, place and conditions of the private, in-person communication may be regulated to prevent disruption of scheduled activities and to maintain the safety and security of the facility.

20. Appeal or Collateral Challenge (61.106) (A) The failure or inability of a person to perform an act or to provide a right or service listed under this subchapter may not be used by the child or any party as a ground for: (1) Appeal; or (2) An application for a post-adjudication writ of habeas corpus; or (3) Exclusion of evidence against the child in any proceeding or forum.

21. The Waiver of Juvenile Court jurisdiction and transfer to the adult criminal court. (F.C.54.02) The juvenile court may waive it’s jurisdiction and transfer to the appropriate district or criminal district court for criminal proceedings if; (a) the child is alleged to have violated a penal law of the grade of felony; (b) the child was (1) 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a felony or a felony of the first degree,and no adjudication hearing has been conducted concerning that offense: or (2) 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no adjudication hearing has been conducted concerning that offense; and (c) Hearing is to the court (no right to jury)

22. (d) The juvenile court must order and obtain a complete diagnostic study, social evaluation and full investigation of the child, his circumstances and the circumstances of the alleged offense. (e) In making a decision the court must consider: (1) whether offense against person or property (2) sophistication and maturity of child (3) record and previous history of child (4) prospect of adequate protection of public and likelihood of rehabilitation of child (f) Juvenile court determines probable cause. Trial court can decide good cause exists for an examining trial. If trial court finds no probable cause, the case can return to juvenile court.

23. DETERMINATE SENTENCING Child can face sentence up to 40 years with possible transfer from TYC to TDCJ at age 16. (Primarily Section 53.45 (adjudication hearing) and 54.04 (disposition hearing) of Family Code) (A) Applies to these offenses: (Family Code 53.045) (1) Section 1902, PC (murder) (2) Section 1903, PC (capital murder) (3) Section 20.04, PC (aggravated kidnapping) (4) Section 19.04,PC (manslaughter) (5) Section 22.011 or 22.021 PC (sexual and aggravated sexual assault) (6) Section 22.02 PC (aggravated assault) (7) Section 29.03 PC (aggravated robbery)

24. ( 8 ) Section 22.04, PC (injury to a child, elderly or disabled individual) if the offense is a felony, other than a state jail felony. ( 9 ) Section 22.05(b), PC (felony deadly conduct involving discharging a firearm) ( 10 ) Subchapter D, Chapter 481, Health & Safety Code, if the conduct constitutes a felony of the first degree or an aggravated control substance felony. ( 11 ) Section 15.03, PC (criminal solicitation) ( 12 ) Section 21.11(a)(1), PC (indecency with a child) ( 13 ) Section 15.031, PC (criminal solicitation of a minor) ( 14 ) Section 15.01, PC (criminal attempt), if the offense attempted was an offense under Section 19.02, PC (murder) or Section 19.03, PC (capital murder), or an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal Procedure.

25. The prosecuting attorney may not refer a petition that alleges the child engaged in conduct that violated Section 22.011(a)(2),PC, or Sections 22.021(a)(1)(B) and (2)(B), PC, unless the child is more than three years older than the victim of the conduct. (15) Section 28.02 PC (arson)(if bodily injury or death) (16) Section 49.08 PC (intoxicated manslaughter) (B) Petition must be approved and certified by the Grand Jury. (C) Juvenile can choose judge or jury to hear case. (D) If jury, must be 12 persons. (E) Jury can hear both adjudication and disposition. (F) Trial open to the public.

26. (G) Court or jury has full range of punishment (probation - up to forty years). (H) Can have affirmative finding of deadly weapon. (I) If child is sentenced under Determinate Sentence: ( 1 ) TYC can not release child without juvenile court permission. ( 2 ) Juvenile court holds “transfer hearing” when the child turns 16 years of age and has not served minimum sentence. ( 3 ) Juvenile court can hold a “release hearing” once the child has served his minimum sentence. Court can: (a) recommit to TYC w/o Determinate Sentence (b) transfer to TDJC (c) place on parole or discharge (J) If transferred to TDJC, he gets credit for all time in juvenile detention, TYC and all adult “good time” and parole eligibility provisions apply.

27. U.S. Supreme Court Beckwith vs. United States 425 U.S. 341 (1976) Oregon vs. Mathison 429 U.S. 492 (The above cases address statements given in a non-custodial situation. In each case the court ruled the Miranda warning is not required even when the individual is your suspect) Texas Appellate Cases Hernandez vs. State No. 04-95-00449-CR (1996) 195414 In the Matter of J.M.O. No. 04-95-00594 (1997) WL 404270 In the Matter of M.A.T. S.W. No. 04-97-00918-CV WL 784334 Melendez vs. State 873 S.W.2nd 723 In the Matter of M.R.R. S.W.2nd No. 04-97-00630-CV(1999) Vasquez vs. State No. 14-97-00376-CR (1999) WL 604877 In the Matter of V.M.D. 974 S.W. 2nd 332 (1998) In the Matter of K.M.C. No. 04-98-00039-CV (1999) WL