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Part 1: Criminal Responsibility and Procedure
1. The term juvenile is not defined by statute. (True or False)
True.
2. The terms “child” and “minor” are synonymous. (True or False)
False.
3. Define status offender.
Section 51.02(15) of the Family Code states that a status offender is “a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult.”
4. List examples of status offenses.
Status offenses include: running away from home; violation of a provision of the Alcoholic Beverage Code applicable to minors only; or violation of any other fine-only offense under Section 8.07(a)(4) and (5) of the Penal Code, but only if the conduct constituting the offense would not have been criminal if engaged in by an adult.
5. When must a municipal court waive its jurisdiction over a child’s case and transfer it to the juvenile court?
Section 51.08(b)(1), F.C., states that a municipal court shall waive jurisdiction and transfer a child’s case to the juvenile court if the complaint pending against the child alleges a violation of a misdemeanor offense under Section 43.261 of the Penal Code (sexting), that is punishable by fine only, or if the child has been previously convicted of: two or more prior fine-only offenses other than traffic; two or more violations of a penal ordinance of a political subdivision other than a traffic offense; or one or more of each of the types of misdemeanors described above if the court does not have a juvenile case manager program established under Article 45A.451, C.C.P. If the court does have such a program, waiver of original jurisdiction is permitted, but not required.
6. When does a municipal court have discretion to waive jurisdiction of a case involving a child?
A municipal court has discretion to waive jurisdiction and refer a child to juvenile court if the child has not been charged with sexting under Section 43.261 of the Penal Code or has not been previously convicted of a fine-only misdemeanor other than traffic or tobacco/e-cigarette offenses, or has only been convicted once of a fine-only misdemeanor or twice of a penal ordinance violation, other than traffic.
7. List offenses over which municipal courts may not waive jurisdiction over a defendant.
Traffic offenses, tobacco/e-cigarette offenses, and sexting committed by a minor.
8. When may a court retain jurisdiction over a child after there are more than two convictions for non-traffic offenses?
The court may retain jurisdiction if the court has a juvenile case manager program under Article 45A.451, C.C.P.
9. When a municipal court waives jurisdiction over a child’s case in municipal court, what information should be sent to the juvenile court?
All pertinent documents in the case. The form used to waive jurisdiction should contain the name of the court, name of the defendant, name of the judge, offense charged, cause number assigned to the case, and prior convictions.
Part 2: Transportation Code
10. Traffic offenses are not eligible for youth diversion. (True or False)
True.
11. A judge may require a 15-year-old defendant to discharge fines and costs by community service, regardless if the child has the ability to pay. (True or False)
True.
12. The punishment is the same penalty for a conviction of a traffic offense regardless of whether the defendant is an adult or a person under the age of 17. (True or False)
True.
Part 3: Penal Code
13. Procedures for taking the plea of a child under the age of 17 accused of a Penal Code offense are contained in the Penal Code. (True or False)
False.
14. If a municipal court dismisses a complaint under Section 8.08, Penal Code, it is required to keep jurisdiction over any future cases involving the same child. (True or False)
False. (A prior dismissal under Section 8.08 requires the court to waive jurisdiction and transfer subsequent cases involving that child to juvenile court.)
15. The court is required to tell the parent and the child of his or her right to expunge a conviction of a Penal Code offense and to give them a copy of the statute that provides the expunction procedures. (True or False)
True.
16. A person under the age of 17 may request the court to expunge multiple convictions of Penal Code offenses. (True or False)
False.
17. A person under the age of 17 charged with a Penal Code offense that has been dismissed under the deferred disposition statute may request the municipal court to expunge the records. (True or False)
True.
Part 4: Alcoholic Beverage Code
18. The Alcoholic Beverage Code defines a minor as a person under the age of 21. (True or False)
True.
19. Municipal courts have jurisdiction over all fine-only offenses in the Alcoholic Beverage Code regardless of how many prior convictions. (True or False)
False.
20. If a minor age 17 is charged with a subsequent Alcoholic Beverage Code offense after two prior convictions, the potential penalty for third and subsequent offenses may include confinement in jail. (True or False)
True.
21. Judges may, but do not have to, require minors convicted of the offense of minor consuming alcohol to perform a certain number of community service hours upon conviction. (True or False)
False. (The court must require the defendant to perform a certain number of community service hours.)
22. Courts must require minors convicted for the first time of any Alcoholic Beverage Code offense to complete either an awareness or education program. (True or False)
True.
23. If an alcohol awareness program is not available in a county of 75,000 or less, the court may order alcohol-related community service instead, which also replaces other required community service. (True or False)
False. (The community service ordered in this situation is in addition to any other community service required by law, not a replacement.)
24. For defendants under age 18 ordered to complete an alcohol awareness or substance misuse education program after placement on deferred disposition for an applicable offense, the court may also require the parent or guardian to attend the program with the child. (True or False)
True.
25. Minors must complete the alcohol awareness program within 120 days from the date of conviction. (True or False)
False. (Within 90 days after conviction.)
26. The court does not have any authority to grant an extension of time if the minor fails to complete the alcohol awareness program. (True or False)
False. (Sec. 106.115(c), A.B.C. The court may extend this period by not more than 90 days for good cause.)
27. Clerks should notify the Department of Public Safety of an order of driver’s license suspension immediately upon conviction of a minor of an Alcoholic Beverage Code offense because the suspension is effective on the 11th day after the judgment of conviction. (True or False)
True.
28. If a minor fails to complete an alcohol awareness program, the law requires a court to order the Department of Public Safety to suspend the minor’s driver’s license for a period of time not to exceed six months. (True or False)
True.
29. Courts do not have to require minors convicted of the offense of driving under the influence of alcohol to perform community service. (True or False)
False.
30. The court must order the Department of Public Safety to suspend the driver’s license of defendants convicted of the offense of driving under the influence of alcohol. (True or False)
False.
31. Fine-only offenses under the Alcoholic Beverage Code that are dismissed upon completion of deferred disposition may be used to enhance subsequent charges under the Alcoholic Beverage Code. (True or False)
True.
32. Minors charged with an Alcoholic Beverage Code offense are eligible for deferred disposition regardless of how many times they have been convicted of an Alcoholic Beverage Code offense. (True or False)
False.
33. Minor defendants charged with an Alcoholic Beverage Code offense who are granted deferred disposition do not have to take either an awareness program or education program. (True or False)
False.
34. Courts must require minor defendants charged with the offense of driving under the influence who are granted deferred disposition to complete a certain number of community service hours as a term of the deferral. (True or False)
False.
35. Minors may petition a municipal court to expunge an Alcoholic Beverage Code conviction only if the minor has just one Alcoholic Beverage Code conviction upon reaching the age of 21. (True or False)
True.
36. When a court orders an expunction, the clerk must destroy or seal the paper records of the court. (True or False)
True.
Part 5: Health and Safety Code
37. The Health and Safety Code, for the purpose of tobacco offenses, provides that an individual commits an offense if the individual is younger than 21 years of age. (True or False)
True.
38. The Health and Safety Code contains special handling provisions for individuals under the age of 17. (True or False)
False.
39. The court must order an individual convicted of a first-time tobacco offense to attend an e-cigarette and tobacco awareness program. (True or False)
True.
40. When a defendant completes an e-cigarette and tobacco awareness program for a first-time offense and presents evidence of completion to the court, the court may, but is not required to, dismiss the case. (True or False)
False.
41. If a court dismisses a first-time tobacco offense, it may still be used to enhance consequences for a subsequent offense. (True or False)
True.
42. The defendant must complete an e-cigarette and tobacco awareness program within 90 days of having the execution of the sentence suspended. (True or False)
True.
Part 6: Education Code Offenses and School Attendance Law
43. The Education Code defines “child” for the purpose of attending school to be between the ages of 10 years of age and younger than 18 years of age. (True or False)
False. (Younger than age 17.)
44. A child who is attending a private or parochial school is exempt from attending public school. (True or False)
True.
45. A child at least 17 years of age attending a course of instruction to obtain a GED is exempt from attending school. (True or False)
True.
46. Failure to Attend School is a Class C criminal offense that may be filed in municipal court against a truant student. (True or False)
False. (Failure to Attend School was repealed in 2015.)
47. All municipal courts in Texas are also truancy courts and have jurisdiction over truant conduct. (True or False)
True.
48. A complaint for Parent Contributing to Non-Attendance must be filed in truancy court and handled under civil procedures. (True or False)
False. (It is a criminal Class C misdemeanor and is filed in municipal or justice court under Chapter 45A criminal procedures.)
49. Parent Contributing to Non-Attendance carries a maximum fine of $500 for a first offense. (True or False)
False.
50. A school district is required to take preventative measures before referring a student to truancy court. (True or False)
True.
51. If a parent is convicted of the offense of Parent Contributing to Non-Attendance, the court must remit to the school district or the juvenile justice alternative education program that the child has been ordered to attend one-half of the parent’s fine. (True or False)
True.
Part 7: General Procedures
52. Judges should determine the sophistication and maturity of a child or minor at the time of appearance in court. (True or False)
True.
53. A judge must allow a defendant who is a child to elect at the time of conviction how to discharge the fine and costs. (True or False)
True.
54. Whenever a person under the age of 17 is charged with an offense in a municipal court, the court must summon the parent, managing conservator, or custodian. (True or False)
True.
55. If a child is convicted of a fine-only offense in a municipal court, the child is required to pay the $35 reimbursement fee for the peace officer summoning the parents. (True or False)
True.
56. When a parent, managing conservator, or custodian fails to appear with his or her child, the court may charge the parent with the Penal Code offense of Failure to Appear. (True or False)
False.
57. The court may never waive the presence of the parents. (True or False)
False.
58. The court should notify the parents of their obligation to provide the court with the current address and residence of the child. (True or False)
True.
59. Defendants who are at least 10 years of age and younger than age 17 charged with a fine-only offense may not be ordered confined. (True or False)
True.
60. If a defendant under the age of 17 fails to appear, the court should use all the available procedures under Chapter 45A, including a nonsecure custody warrant to obtain the defendant’s appearance. (True or False)
True.
61. A notice about a defendant’s obligation to appear issued to a defendant who turns age 17 may be served by a court clerk. (True or False)
False.
62. If a 17-year-old defendant is arrested after failing to respond to a notice to appear, the court may not handle the charges that occurred when the defendant was under the age of 17. (True or False)
False.
63. If a child defendant fails to obey a court order under circumstances that would constitute contempt, the court must give the child notice of a hearing. (True or False)
True.
64. If a court retains jurisdiction over a child whose conduct constitutes contempt, the court may order the Department of Public Safety to suspend or deny issuance of a driver’s license. (True or False)
True.
65. If the court orders the suspension of the driver’s license, the court may not order the defendant to pay a fine for contempt. (True or False)
False.
66. If the court decides to issue a capias pro fine for a defendant who committed an offense under the age of 17, the court must wait until the defendant turns age 17. (True or False)
True.
67. After a juvenile defendant fails to pay a fine, the court may just wait until the person turns age 17 and then issue a capias pro fine. (True or False)
False. (More than waiting is required. A court must also consider the criteria in Article 45A.259, C.C.P.)
68. When a defendant under the age of 17 commits conduct constituting contempt, but the court could not conduct a contempt hearing before the defendant turned age 17, the court has lost authority to do anything with that defendant. (True or False)
False.
69. A peace officer who takes a person under the age of 17 into custody for a fine-only offense may take the person to a place of nonsecure custody. (True or False)
True.
70. A juvenile processing office may not be used as a place of nonsecure custody. (True or False)
False.
71. A court may not issue arrest warrants for any Class C misdemeanor found in the Education Code committed by a person under the age of 17 years. (True or False)
True.
72. If a person is taken into custody for committing a status offense, the officer may only take the person to a place of nonsecure custody. (True or False)
False.
73. Judges may not require defendants under the age of 17 to perform community service because of the risk of injury. (True or False)
False.
74. A court may order additional rehabilitative sanctions under Article 45A.457, C.C.P., for all Class C misdemeanors. (True or False)
True.
75. When a court requires parents to attend a special program with their child, the court may require the parents to pay an amount not greater than $100 for the program. (True or False)
True.
76. When a child fails to fulfill the requirements of an additional sanction, the court may only enforce the order by taking the child into custody. (True or False)
False.
77. If a parent fails to comply with additional sanctions, the court may find the parent in contempt. (True or False)
True.
78. Early youth intervention services apply to a child seven years of age or older and under the age of 17. (True or False)
True.
79. Early youth intervention services are for children and families who are in at-risk situations. (True or False)
True.
80. Cities may contract with the Department of Human Resources for early youth intervention services. (True or False)
True.
81. Defendants under the age of 17 charged with a traffic offense may request to take a teen court program. (True or False)
True.
82. To participate in a teen court program, the program must be approved by the court. (True or False)
True.
83. List the eligibility requirements to attend teen court under Article 45A.401, C.C.P.
To be eligible, the defendant must: * enter a plea of guilty or no contest in open court in the presence of parents or guardian and request either in writing or orally the teen court program; * be under the age of 18 or enrolled full-time in an accredited secondary school in a program leading toward a high school diploma for 90 days; * be charged with a misdemeanor punishable by fine-only or a violation of a penal ordinance of a political subdivision, including a traffic offense punishable by fine-only; and * not have successfully completed a teen court program in the two years preceding the date that the alleged offense occurred.
84. What fees may the court require the defendant to pay when he or she is ordered to complete a teen court program under Article 45A.401, C.C.P.?
Two $10 reimbursement fees.
85. Defendants under the age of 17 may request to take a driving safety course through the mail. (True or False)
False.
86. If the child fails to complete the driving safety course or submit the required evidence or documentation, the court must summon a parent to appear at a show cause hearing with the child. (True or False)
True.
87. A minor who commits the offense of driving or operating watercraft under the influence of alcohol and has been previously convicted twice or more of that offense is eligible for deferred disposition. (True or False)
False.
88. A person under the age of 17 who requests deferred disposition must make a personal appearance in open court with a parent or guardian. (True or False)
True.
Part 8: Reports
89. Courts are required to report to the juvenile court the filing and disposition of non-traffic offenses. (True or False)
True.
90. When a defendant under the age of 17 fails to appear for a traffic offense, the court must notify DPS of the failure. (True or False)
True.
91. If a defendant under the age of 17 fails to pay a fine or violates a court order, the court may order DPS to suspend or deny issuance of a driver’s license after finding the defendant in contempt. (True or False)
True.
92. Municipal courts must report to the DPS convictions and orders for deferred disposition for all Alcoholic Beverage Code offenses in which minors are charged. (True or False)
True.
93. Municipal courts must report to the DPS acquittals of all Alcoholic Beverage Code offenses. (True or False)
False.