1-1 By: Place (Senate Sponsor - Turner) H.B. No. 1493
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 18, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 18, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 1493 By: Turner
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the transfer of persons serving determinate sentences
1-20 from the Texas Youth Commission to the institutional division of
1-21 the Texas Department of Criminal Justice.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 51.09(b)(1)(F), Family Code, is amended
1-24 to read as follows:
1-25 (F) the child may be sentenced to commitment in the Texas
1-26 Youth Commission with a transfer to the institutional division of
1-27 the Texas Department of Criminal Justice for a term not to exceed
1-28 40 years if the child is found to have engaged in delinquent
1-29 conduct, alleged in a petition approved by a grand jury, that
1-30 included:
1-31 (i) murder;
1-32 (ii) capital murder;
1-33 (iii) aggravated kidnapping;
1-34 (iv) aggravated sexual assault;
1-35 (v) deadly assault on a law enforcement officer, corrections
1-36 officer, court participant, or probation personnel; <or>
1-37 (vi) attempted capital murder; <and> or
1-38 (vii) aggravated robbery; and
1-39 SECTION 2. Section 53.045(a), Family Code, is amended to
1-40 read as follows:
1-41 (a) Except as provided by Subsection (e) of this section,
1-42 the prosecuting attorney may refer the petition to the grand jury
1-43 of the county in which the court in which the petition is filed
1-44 presides if the petition alleges that the child engaged in
1-45 delinquent conduct that included the violation of any of the
1-46 following provisions of the Penal Code:
1-47 (1) Section 19.02 (murder);
1-48 (2) Section 19.03 (capital murder);
1-49 (3) Section 20.04 (aggravated kidnapping);
1-50 (4) Section 22.021 (aggravated sexual assault);
1-51 (5) Section 22.03 (deadly assault on a law enforcement
1-52 officer, corrections officer, or court participant); <or>
1-53 (6) Section 15.01 (criminal attempt), if the offense
1-54 attempted was an offense under Section 19.03 (capital murder); or
1-55 (7) Section 29.03 (aggravated robbery).
1-56 SECTION 3. Section 51.13(c), Family Code, is amended to read
1-57 as follows:
1-58 (c) A child may not be committed or transferred to a penal
1-59 institution or other facility used primarily for the execution of
1-60 sentences of persons convicted of crime, except:
1-61 (1) for temporary detention in a jail or lockup
1-62 pending juvenile court hearing or disposition under conditions
1-63 meeting the requirements of Section 51.12 of this code;
1-64 (2) after transfer for prosecution in criminal court
1-65 under Section 54.02 of this code; or
1-66 (3) <on or after the 18th birthday of the child,>
1-67 after transfer from the Texas Youth Commission under Section
1-68 61.084, Human Resources Code.
2-1 SECTION 4. Section 499.053(a), Government Code, is amended
2-2 to read as follows:
2-3 (a) The institutional division shall accept persons <18
2-4 years old or older> transferred to the division from the Texas
2-5 Youth Commission under Section 61.084, Human Resources Code.
2-6 SECTION 5. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.
2-13 * * * * *
2-14 Austin,
2-15 Texas
2-16 May 18, 1993
2-17 Hon. Bob Bullock
2-18 President of the Senate
2-19 Sir:
2-20 We, your Committee on Criminal Justice to which was referred H.B.
2-21 No. 1493, have had the same under consideration, and I am
2-22 instructed to report it back to the Senate with the recommendation
2-23 that it do not pass, but that the Committee Substitute adopted in
2-24 lieu thereof do pass and be printed.
2-25 Whitmire,
2-26 Chairman
2-27 * * * * *
2-28 WITNESSES
2-29 FOR AGAINST ON
2-30 ___________________________________________________________________
2-31 Name: Neil Nichols x
2-32 Representing: Texas Youth Commission
2-33 City: Austin
2-34 -------------------------------------------------------------------
2-35 Name: Judge Hal Gather x
2-36 Representing: MUSCLE
2-37 City: Dallas
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