By Jones of Dallas H.B. No. 791
74R288 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of children who engage in certain
1-3 delinquent conduct on three or more occasions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.04, Family Code, is amended by
1-6 amending Subsection (d) and adding Subsection (m) to read as
1-7 follows:
1-8 (d) Except as provided by Subsection (m), if <If> the court
1-9 or jury makes the finding specified in Subsection (c) of this
1-10 section allowing the court to make a disposition in the case:
1-11 (1) the court or jury may, in addition to any order
1-12 required or authorized under Section 54.041 or 54.042 of this code,
1-13 place the child on probation on such reasonable and lawful terms as
1-14 the court may determine:
1-15 (A) in his own home or in the custody of a
1-16 relative or other fit person; or
1-17 (B) subject to the finding under Subsection (c)
1-18 of this section on the placement of the child outside the child's
1-19 home, in:
1-20 (i) a suitable foster home; or
1-21 (ii) a suitable public or private
1-22 institution or agency, except the Texas Youth Commission;
1-23 (2) if the court or jury found at the conclusion of
1-24 the adjudication hearing that the child engaged in delinquent
2-1 conduct and if the petition was not approved by the grand jury
2-2 under Section 53.045 of this code, the court may commit the child
2-3 to the Texas Youth Commission without a determinate sentence; or
2-4 (3) if the court or jury found at the conclusion of
2-5 the adjudication hearing that the child engaged in delinquent
2-6 conduct that included a violation of a penal law listed in Section
2-7 53.045(a) of this code and if the petition was approved by the
2-8 grand jury under Section 53.045 of this code, the court or jury may
2-9 sentence the child to commitment in the Texas Youth Commission with
2-10 a transfer to the institutional division of the Texas Department of
2-11 Criminal Justice for any term of years not to exceed 40 years.
2-12 (m) The court shall commit the child to the Texas Youth
2-13 Commission without a determinate sentence if:
2-14 (1) the court or jury makes the finding specified in
2-15 Subsection (c);
2-16 (2) the court or jury found at the conclusion of the
2-17 adjudication hearing that the child engaged in delinquent conduct
2-18 that violates any of the provisions listed under Subdivision (3);
2-19 and
2-20 (3) the child has on two previous occasions been
2-21 adjudicated as having engaged in delinquent conduct that violates
2-22 any of the following provisions:
2-23 (A) Section 29.02, Penal Code (robbery);
2-24 (B) Section 31.07, Penal Code (unauthorized use
2-25 of a vehicle); or
2-26 (C) Sections 481.112-481.123, Health and Safety
2-27 Code (manufacture, delivery, or possession of a controlled
3-1 substance, controlled substance analogue, or marihuana).
3-2 SECTION 2. (a) This Act takes effect September 1, 1995, and
3-3 applies only to conduct that occurs on or after that date. Conduct
3-4 violating the penal law of this state occurs on or after the
3-5 effective date of this Act if every element of the violation occurs
3-6 on or after that date.
3-7 (b) Conduct that occurs before the effective date of this
3-8 Act is governed by the law in effect at the time the conduct
3-9 occurred, and that law is continued in effect for that purpose.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.