Texas Family Code - Section 54.03. Adjudication Hearing
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§ 54.03. ADJUDICATION HEARING. (a) A child may be found
to have engaged in delinquent conduct or conduct indicating a need
for supervision only after an adjudication hearing conducted in
accordance with the provisions of this section.
(b) At the beginning of the adjudication hearing, the
juvenile court judge shall explain to the child and his parent,
guardian, or guardian ad litem:
(1) the allegations made against the child;
(2) the nature and possible consequences of the
proceedings, including the law relating to the admissibility of the
record of a juvenile court adjudication in a criminal proceeding;
(3) the child's privilege against self-incrimination;
(4) the child's right to trial and to confrontation of
witnesses;
(5) the child's right to representation by an attorney
if he is not already represented; and
(6) the child's right to trial by jury.
(c) Trial shall be by jury unless jury is waived in
accordance with Section 51.09. If the hearing is on a petition that
has been approved by the grand jury under Section 53.045, the jury
must consist of 12 persons and be selected in accordance with the
requirements in criminal cases. Jury verdicts under this title
must be unanimous.
(d) Except as provided by Section 54.031, only material,
relevant, and competent evidence in accordance with the Texas Rules
of Evidence applicable to criminal cases and Chapter 38, Code of
Criminal Procedure, may be considered in the adjudication hearing.
Except in a detention or discretionary transfer hearing, a social
history report or social service file shall not be viewed by the
court before the adjudication decision and shall not be viewed by
the jury at any time.
(e) A child alleged to have engaged in delinquent conduct or
conduct indicating a need for supervision need not be a witness
against nor otherwise incriminate himself. An extrajudicial
statement which was obtained without fulfilling the requirements of
this title or of the constitution of this state or the United
States, may not be used in an adjudication hearing. A statement
made by the child out of court is insufficient to support a finding
of delinquent conduct or conduct indicating a need for supervision
unless it is corroborated in whole or in part by other evidence. An
adjudication of delinquent conduct or conduct indicating a need for
supervision cannot be had upon the testimony of an accomplice
unless corroborated by other evidence tending to connect the child
with the alleged delinquent conduct or conduct indicating a need
for supervision; and the corroboration is not sufficient if it
merely shows the commission of the alleged conduct. Evidence
illegally seized or obtained is inadmissible in an adjudication
hearing.
(f) At the conclusion of the adjudication hearing, the court
or jury shall find whether or not the child has engaged in
delinquent conduct or conduct indicating a need for supervision.
The finding must be based on competent evidence admitted at the
hearing. The child shall be presumed to be innocent of the charges
against the child and no finding that a child has engaged in
delinquent conduct or conduct indicating a need for supervision may
be returned unless the state has proved such beyond a reasonable
doubt. In all jury cases the jury will be instructed that the
burden is on the state to prove that a child has engaged in
delinquent conduct or is in need of supervision beyond a reasonable
doubt. A child may be adjudicated as having engaged in conduct
constituting a lesser included offense as provided by Articles
37.08 and 37.09, Code of Criminal Procedure.
(g) If the court or jury finds that the child did not engage
in delinquent conduct or conduct indicating a need for supervision,
the court shall dismiss the case with prejudice.
(h) If the finding is that the child did engage in
delinquent conduct or conduct indicating a need for supervision,
the court or jury shall state which of the allegations in the
petition were found to be established by the evidence. The court
shall also set a date and time for the disposition hearing.
(i) In order to preserve for appellate or collateral review
the failure of the court to provide the child the explanation
required by Subsection (b), the attorney for the child must comply
with Rule 33.1, Texas Rules of Appellate Procedure, before
testimony begins or, if the adjudication is uncontested, before the
child pleads to the petition or agrees to a stipulation of evidence.
(j) When the state and the child agree to the disposition of
the case, in whole or in part, the prosecuting attorney shall inform
the court of the agreement between the state and the child. The
court shall inform the child that the court is not required to
accept the agreement. The court may delay a decision on whether to
accept the agreement until after reviewing a report filed under
Section 54.04(b). If the court decides not to accept the agreement,
the court shall inform the child of the court's decision and give
the child an opportunity to withdraw the plea or stipulation of
evidence. If the court rejects the agreement, no document,
testimony, or other evidence placed before the court that relates
to the rejected agreement may be considered by the court in a
subsequent hearing in the case. A statement made by the child
before the court's rejection of the agreement to a person writing a
report to be filed under Section 54.04(b) may not be admitted into
evidence in a subsequent hearing in the case. If the court accepts
the agreement, the court shall make a disposition in accordance
with the terms of the agreement between the state and the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2157, ch. 693, § 17, eff.
Sept. 1, 1975; Acts 1979, 66th Leg., p. 1098, ch. 514, § 1, eff.
Aug. 27, 1979; Acts 1985, 69th Leg., ch. 590, § 2, eff. Sept. 1,
1985; Acts 1987, 70th Leg., ch. 385, § 8, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 386, § 3, eff. Sept. 1, 1987; Acts
1995, 74th Leg., ch. 262, § 37, eff. Jan. 1, 1996; Acts 1997,
75th Leg., ch. 1086, § 10, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1477, § 9, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 1297, § 22, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
283, § 17, eff. Sept. 1, 2003.
Section: 53.07 53.08 54.01 54.011 54.012 54.02 54.021 54.03 54.031 54.032 54.033 54.034 54.04 54.0405 54.0406
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Last modified: August 10, 2007
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