By Alvarado H.B. No. 461
74R2533 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the placement by the juvenile court of certain children
1-3 serving determinate sentences on community supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.11, Family Code, is amended by
1-6 amending Subsection (i) and adding Subsection (k) to read as
1-7 follows:
1-8 (i) On conclusion of the release hearing on a person who is
1-9 the subject of a notice of transfer, the court may order:
1-10 (1) the recommitment of the person to the Texas Youth
1-11 Commission without a determinate sentence;
1-12 (2) the transfer of the person to the custody of the
1-13 institutional division of the Texas Department of Criminal Justice
1-14 for the completion of the person's determinate sentence; <or>
1-15 (3) the imposition of the remainder of the person's
1-16 determinate sentence to be served in the custody of the
1-17 institutional division of the Texas Department of Criminal Justice
1-18 and the suspension of that sentence by placing the person on
1-19 community supervision under Article 42.12, Code of Criminal
1-20 Procedure, in the same manner and subject to the same conditions as
1-21 if the court had, as a district court, sentenced the person as a
1-22 convicted felon and suspended the sentence by placing the person on
1-23 community supervision; or
1-24 (4) the final discharge of the person.
2-1 (k) A court that suspends a sentence and places a person on
2-2 community supervision as provided by Subsection (i)(3) retains
2-3 jurisdiction over the person until the conditions relating to the
2-4 community supervision are satisfied or the court revokes the
2-5 community supervision and reinstates the sentence. On
2-6 reinstatement of the sentence, the court shall transfer the person
2-7 to the custody of the institutional division of the Texas
2-8 Department of Criminal Justice for the completion of the person's
2-9 determinate sentence.
2-10 SECTION 2. This Act takes effect September 1, 1995.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.