By Place                                              H.B. No. 1287
       74R3810 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the adjudication and disposition of children who engage
    1-3  in conduct punishable by a determinate sentence, including violent
    1-4  or habitual juvenile offenders.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 51.09(b), Family Code, is conformed to
    1-7  Chapter 557, Acts of the 72nd Legislature, Regular Session, 1991,
    1-8  and amended to read as follows:
    1-9        (b)  Notwithstanding any of the provisions of Subsection (a)
   1-10  of this section, the statement of a child is admissible in evidence
   1-11  in any future proceeding concerning the matter about which the
   1-12  statement was given if:
   1-13              (1)  when the child is in a detention facility or other
   1-14  place of confinement or in the custody of an officer, the statement
   1-15  is made in writing and the statement shows that the child has at
   1-16  some time prior to the making thereof received from a magistrate a
   1-17  warning that:
   1-18                    (A)  the child may remain silent and not make any
   1-19  statement at all and that any statement that the child makes may be
   1-20  used in evidence against the child;
   1-21                    (B)  the child has the right to have an attorney
   1-22  present to advise the child either prior to any questioning or
   1-23  during the questioning;
   1-24                    (C)  if the child is unable to employ an
    2-1  attorney, the child has the right to have an attorney appointed to
    2-2  counsel with the child prior to or during any interviews with peace
    2-3  officers or attorneys representing the state;
    2-4                    (D)  the child has the right to terminate the
    2-5  interview at any time;
    2-6                    (E)  if the child is  15 years of age or older at
    2-7  the time of the violation of a penal law of the grade of felony the
    2-8  juvenile court may waive its jurisdiction and the child may be
    2-9  tried as an adult;
   2-10                    (F)  the child may be sentenced to commitment in
   2-11  the Texas Youth Commission with a transfer to the institutional
   2-12  division of the Texas Department of Criminal Justice for a term
   2-13  prescribed by Section 54.04(d) <not to exceed 40 years> if the
   2-14  child is found to have engaged in delinquent conduct, alleged in a
   2-15  petition approved by a grand jury, that included:
   2-16                          (i)  murder;
   2-17                          (ii)  capital murder;
   2-18                          (iii)  aggravated kidnapping;
   2-19                          (iv)  aggravated sexual assault;
   2-20                          (v)  aggravated robbery;
   2-21                          (vi)  aggravated assault;
   2-22                          (vii)  manslaughter;
   2-23                          (viii)  intoxication manslaughter;
   2-24                          (ix)  attempted murder <deadly assault on a
   2-25  law enforcement officer, corrections officer, court participant, or
   2-26  probation personnel>; or
   2-27                          (x) <(vi)>  attempted capital murder; <and>
    3-1                    (G)  the child may be sentenced to commitment to
    3-2  the Texas Youth Commission with  a transfer to the institutional
    3-3  division of the Texas Department of Criminal Justice for a term
    3-4  prescribed by Section 54.04(d) if:
    3-5                          (i)  the child is found to have engaged in
    3-6  conduct, alleged in a petition approved by a grand jury, that
    3-7  violates a penal law of the grade of felony, other than a state
    3-8  jail felony;
    3-9                          (ii)  the child has at least two previous
   3-10  final adjudications for conduct violating a penal law of the grade
   3-11  of felony; and
   3-12                          (iii)  at least one of the previous final
   3-13  adjudications described by Subparagraph (ii) of this paragraph is
   3-14  for conduct  that  occurred after the date a previous adjudication
   3-15  described by Subparagraph (ii) of this paragraph was rendered, if
   3-16  that adjudication became final;  and
   3-17                    (H)  the statement must be signed in the presence
   3-18  of a magistrate by the child with no law enforcement officer or
   3-19  prosecuting attorney present, except that a magistrate may require
   3-20  a bailiff or a law enforcement officer if a bailiff is not
   3-21  available to be present if the magistrate determines that the
   3-22  presence of the bailiff or law enforcement officer is necessary for
   3-23  the personal safety of the magistrate or other court personnel,
   3-24  provided that the bailiff or law enforcement officer may  not carry
   3-25  a weapon in the presence of the child.  The magistrate must be
   3-26  fully convinced that the child understands the nature and contents
   3-27  of the statement and that the child is signing the same
    4-1  voluntarily.  If such a statement is taken, the magistrate shall
    4-2  sign a written statement verifying the foregoing requisites have
    4-3  been met.
    4-4        The child must knowingly, intelligently, and voluntarily
    4-5  waive these rights prior to and during the making of the statement
    4-6  and sign the statement in the presence of a magistrate who must
    4-7  certify that he has examined the child independent of any law
    4-8  enforcement officer or prosecuting attorney, except as required to
    4-9  ensure the personal safety of the magistrate or other court
   4-10  personnel, and has determined that the child understands the nature
   4-11  and contents of the statement and has knowingly, intelligently, and
   4-12  voluntarily waived these rights.
   4-13              (2)  it be made orally and the child makes a statement
   4-14  of facts or circumstances that are found to be true, which conduct
   4-15  tends to establish his guilt, such as the finding of secreted or
   4-16  stolen property, or the instrument with which he states the offense
   4-17  was committed.
   4-18              (3)  the statement was res gestae of the  delinquent
   4-19  conduct or the conduct indicating a need for supervision or of the
   4-20  arrest.
   4-21        SECTION 2.  Section 51.09(c), Family Code, as amended by
   4-22  Chapters 429 and 557, Acts of the 72nd Legislature, Regular
   4-23  Session, 1991, is reenacted and amended to read as follows:
   4-24        (c)  A warning under Subsection (b)(1)(E), <or> Subsection
   4-25  (b)(1)(F), or Subsection  (b)(1)(G) of this section is required
   4-26  only when applicable to the facts of the case.  A failure to warn a
   4-27  child under  Subsection (b)(1)(E) of this section does not render a
    5-1  statement made by the child inadmissible unless the child is
    5-2  transferred to a criminal district court under Section 54.02 of
    5-3  this code.  A failure to warn a child under Subsection (b)(1)(F) or
    5-4  Subsection (b)(1)(G) of this section does not render a statement
    5-5  made by the child inadmissible unless the state proceeds against
    5-6  the child on a petition approved by a grand jury under Section
    5-7  53.045 of this code.
    5-8        SECTION 3.  Section 53.045(a), Family Code, is amended to
    5-9  read as follows:
   5-10        (a)  Except as provided by Subsection (e) of this section,
   5-11  the prosecuting attorney may refer the petition to the grand jury
   5-12  of the county in which the court in which the petition is filed
   5-13  presides if the petition alleges:
   5-14              (1)  that the child engaged in delinquent conduct that
   5-15  included the violation of any of the following provisions of the
   5-16  Penal Code:
   5-17                    (A) <(1)>  Section 19.02 (murder);
   5-18                    (B) <(2)>  Section 19.03 (capital murder);
   5-19                    (C) <(3)>  Section 20.04 (aggravated kidnapping);
   5-20                    (D) <(4)>  Section 22.021 (aggravated sexual
   5-21  assault);
   5-22                    (E)  Section 29.03 (aggravated robbery);
   5-23                    (F)  Section 22.02 (aggravated assault);
   5-24                    (G)  Section 19.04 (manslaughter);
   5-25                    (H)  Section 49.08 (intoxication manslaughter)
   5-26                    <(5)  Section 22.03 (deadly assault on a law
   5-27  enforcement officer, corrections officer, or court participant)>;
    6-1  or
    6-2                    (I) <(6)>  Section 15.01 (criminal attempt), if
    6-3  the offense attempted was an offense under Section 19.02 (murder)
    6-4  or Section 19.03 (capital murder); or
    6-5              (2)  that:
    6-6                    (A)  the child engaged in conduct that violates a
    6-7  penal law of the grade of felony, other than a state jail felony;
    6-8                    (B)  the child has at least  two previous final
    6-9  adjudications for conduct violating a penal law of the grade of
   6-10  felony; and
   6-11                    (C)  at least one of the previous final
   6-12  adjudications described by Paragraph (B) of this subdivision is for
   6-13  conduct that occurred after the date a previous adjudication
   6-14  described by Paragraph (B) of this subdivision was rendered, if
   6-15  that adjudication became final.
   6-16        SECTION 4.  Section 54.04, Family Code, is amended by
   6-17  amending Subsections (a), (d), (g), and (h) and adding Subsection
   6-18  (m) to read as follows:
   6-19        (a)  The disposition hearing shall be separate, distinct, and
   6-20  subsequent to the adjudication hearing.  There is no right to a
   6-21  jury at the disposition hearing unless the child is in jeopardy of
   6-22  a determinate sentence under Subsection (d)(3) or (m) of this
   6-23  section, in which case, the child is entitled to a jury of  12
   6-24  persons to determine the sentence.
   6-25        (d)  If the court or jury makes the finding specified in
   6-26  Subsection (c) of this section allowing the court to make a
   6-27  disposition in the case:
    7-1              (1)  the court or jury may, in addition to any order
    7-2  required or authorized under Section 54.041 or 54.042 of this code,
    7-3  place the child on probation on such reasonable and lawful terms as
    7-4  the court may determine:
    7-5                    (A)  in his own home or in the custody of a
    7-6  relative or other fit person; or
    7-7                    (B)  subject to the finding under Subsection (c)
    7-8  of this section on the placement of the child outside the child's
    7-9  home, in:
   7-10                          (i)  a suitable foster home; or
   7-11                          (ii)  a suitable public or private
   7-12  institution or agency, except the Texas Youth Commission;
   7-13              (2)  if the court or jury found at the conclusion of
   7-14  the adjudication hearing that the child engaged in delinquent
   7-15  conduct and if the petition was not approved by the grand jury
   7-16  under Section 53.045 of this code, the court may commit the child
   7-17  to the Texas Youth Commission without a determinate sentence; <or>
   7-18              (3)  if the court or jury found at the conclusion of
   7-19  the adjudication hearing that the child engaged in delinquent
   7-20  conduct that included  a violation of a penal law listed in Section
   7-21  53.045(a) of this code and if  the petition was approved by the
   7-22  grand jury under Section 53.045 of this code, the court or jury may
   7-23  sentence the child to commitment in the Texas Youth Commission with
   7-24  a transfer to the institutional division of the Texas Department of
   7-25  Criminal Justice for a <any> term of:
   7-26                    (A)  <years> not more than 60 years or less than
   7-27  10 years, if the conduct constitutes a capital felony;
    8-1                    (B)  not more than 40 years or less than 3 years,
    8-2  if the conduct constitutes a felony of the first degree;
    8-3                    (C)  not more than 20 years or less than 2 years,
    8-4  if the conduct constitutes a felony of the second degree; or
    8-5                    (D)  not more than 10 years or less than 1 year,
    8-6  if the conduct constitutes a felony of the third degree; or
    8-7              (4)  if applicable, the court or jury may make a
    8-8  disposition under  Subsection (m) of this section <to exceed 40
    8-9  years>.
   8-10        (g)  If the court orders a disposition under Subsection
   8-11  (d)(3) or (m) of this section and there is an affirmative finding
   8-12  that the defendant used or exhibited a deadly weapon during the
   8-13  commission of the conduct or during immediate flight from
   8-14  commission of the conduct, the court shall enter the finding in the
   8-15  order.  If there is an affirmative finding that the deadly weapon
   8-16  was a firearm, the court shall enter that finding in the order.
   8-17        (h)  At the conclusion of the dispositional hearing, the
   8-18  court shall inform the child of the child's <his> right to appeal,
   8-19  as required by Section 56.01 of this code.
   8-20        (m)  The court or jury may sentence a child  adjudicated for
   8-21  conduct constituting a felony other than a state jail felony to a
   8-22  term prescribed by Subsection (d)(3) if:
   8-23              (1)  a petition was filed and approved by a grand jury
   8-24  under Section 53.045 alleging that:
   8-25                    (A)  the child engaged in the felony conduct;
   8-26                    (B)  the child has at least two previous final
   8-27  adjudications for conduct violating a penal law of the grade of
    9-1  felony; and
    9-2                    (C)  at least one of the previous adjudications
    9-3  is for conduct described by Paragraph (B) that occurred after the
    9-4  date a previous adjudication described by Paragraph  (B) was
    9-5  rendered, if that adjudication became final; and
    9-6              (2)  the court or jury finds beyond a reasonable doubt
    9-7  that the allegations described by Subdivision (1) in the grand jury
    9-8  petition are true.
    9-9        SECTION 5.  Chapter 54, Family Code, is amended by adding
   9-10  Section 54.051 to read as follows:
   9-11        Sec. 54.051.  MODIFICATION OF DISPOSITION AFTER COMMITMENT.
   9-12  (a)  The juvenile court may modify under this section a disposition
   9-13  of a child committed to the Texas Youth Commission only if the
   9-14  child was:
   9-15              (1)  committed to the Texas Youth Commission under
   9-16  Section 54.04; and
   9-17              (2)  returned from the Texas Youth Commission to the
   9-18  juvenile court under Section  54.12.
   9-19        (b)  The  court may modify the disposition of a child under
   9-20  this section in a manner the court determines appropriate to the
   9-21  circumstances and needs of the child, including placing the child
   9-22  on probation under Section 54.04(d)(1).
   9-23        SECTION 6.  Section 54.11, Family Code, is amended to read as
   9-24  follows:
   9-25        Sec. 54.11.  RELEASE OR TRANSFER HEARING.  (a)  On receipt of
   9-26  a referral <notice required> under Section 61.079(a), Human
   9-27  Resources Code, for  <of> the transfer to the institutional
   10-1  division of the Texas Department of Criminal Justice <Corrections>
   10-2  of a person committed to the Texas Youth Commission under Section
   10-3  54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
   10-4  receipt of a request by the commission under Section 61.081(f),
   10-5  Human Resources  Code, for approval of the  release under
   10-6  supervision of a person committed to the commission under Section
   10-7  54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>,  the
   10-8  court shall set a time and place for a hearing on the release of
   10-9  the person.
  10-10        (b)  The court shall notify the following of the time and
  10-11  place of the hearing:
  10-12              (1)  the person to be transferred or released under
  10-13  supervision;
  10-14              (2)  the parents of the person;
  10-15              (3)  any legal custodian of the person, including the
  10-16  Texas Youth Commission;
  10-17              (4)  the office of the prosecuting  attorney that
  10-18  represented the state in the juvenile delinquency proceedings;
  10-19              (5)  the victim of the offense that was included in the
  10-20  delinquent conduct that was a ground  for the disposition, or a
  10-21  member of the victim's family; and
  10-22              (6)  any other person who has filed a written request
  10-23  with the court to be notified of  a release hearing with respect to
  10-24  the person to be transferred or released under supervision.
  10-25        (c)  Except for the person to be transferred or released
  10-26  under supervision and the prosecuting attorney, the failure to
  10-27  notify a person listed in Subsection (b) of this section does not
   11-1  affect the validity of a <release> hearing conducted or <a release>
   11-2  determination made under this section if the record in the case
   11-3  reflects that the whereabouts of the persons who  did not receive
   11-4  notice were unknown to the court and a reasonable effort was made
   11-5  by the court to locate those persons.
   11-6        (d)  At a <release> hearing under this section the court may
   11-7  consider written reports from probation officers, professional
   11-8  court employees, or professional consultants, in addition to the
   11-9  testimony of witnesses.  At least one day before the <release>
  11-10  hearing, the court shall provide the attorney for the person to be
  11-11  transferred or released under supervision with access to all
  11-12  written matter to be considered by the court.
  11-13        (e)  At  the <any release> hearing, the person to be
  11-14  transferred or  released under supervision is entitled to an
  11-15  attorney, to  examine all witnesses against him, to present
  11-16  evidence and oral argument, and to previous examination of all
  11-17  reports on and evaluations and examinations of or relating to him
  11-18  that may be used in the hearing.
  11-19        (f)  A <release> hearing under this section is open to the
  11-20  public unless the person to be transferred or released under
  11-21  supervision waives a public hearing with the consent of his
  11-22  attorney and the court.
  11-23        (g)  A <release> hearing  under this section must be recorded
  11-24  by a court reporter or by audio or video tape recording, and the
  11-25  record of the hearing must be retained by the court for at least
  11-26  two years after the date of the final determination on the transfer
  11-27  or release of the person by the court.
   12-1        (h)  The <release> hearing on a person who is referred for
   12-2  <the subject of a notice of> transfer under Section 61.079(a),
   12-3  Human Resources Code, shall <must> be held not later than the 60th
   12-4  day after the date the court receives the referral <before 30 days
   12-5  before the person's 18th birthday>.
   12-6        (i)  On conclusion of the <release> hearing on a person who
   12-7  is referred for <the subject of a notice of> transfer under Section
   12-8  61.079(a), Human Resources Code, the court may order:
   12-9              (1)  the return <recommitment> of the person to the
  12-10  Texas Youth  Commission <without a determinate sentence>; or
  12-11              (2)  the transfer of the person to the custody of the
  12-12  institutional division of the Texas Department of Criminal Justice
  12-13  for the completion of the person's <determinate> sentence<; or>
  12-14              <(3)  the final discharge of the person>.
  12-15        (j)  On conclusion of the hearing on a person who is referred
  12-16  for release under supervision under Section 61.081(f), Human
  12-17  Resources Code, the court may order the return of the person to the
  12-18  Texas Youth Commission:
  12-19              (1)  with approval for the release of the person under
  12-20  supervision; or
  12-21              (2)  without approval for the release of the person
  12-22  under supervision.
  12-23        (k)  In making a determination under this section, the court
  12-24  may consider the experiences and character of the person before and
  12-25  after commitment to the youth commission, the nature of the penal
  12-26  offense that the person was found to have committed and the manner
  12-27  in which the offense was committed, the abilities of the person to
   13-1  contribute to society, the protection of the victim of the offense
   13-2  or any member of the victim's family, the recommendations of the
   13-3  youth commission and prosecuting attorney, the best interests of
   13-4  the person, and any other factor relevant to the issue to be
   13-5  decided.
   13-6        SECTION 7.  Chapter 54, Family Code, is amended by adding
   13-7  Section 54.12 to read as follows:
   13-8        Sec. 54.12.  CRISIS POPULATION RELIEF TO ENSURE
   13-9  LENGTH-OF-STAY MANDATES.  (a)  Except as provided by Subsection
  13-10  (c), the Texas Youth Commission shall return a child to the
  13-11  juvenile court that entered the order committing the child for
  13-12  further proceedings under Section 54.051 when the number of
  13-13  children committed to the commission exceeds the targeted level of
  13-14  new commitments.
  13-15        (b)  The return of a child to the juvenile court by the Texas
  13-16  Youth Commission under this section shall be made after an
  13-17  evaluation of the seriousness of the child's adjudicated conduct.
  13-18  The commission shall give priority to returning children to the
  13-19  juvenile court whose adjudicated conduct constitutes a violation of
  13-20  the least serious penal laws.
  13-21        (c)  The Texas Youth Commission may not return a child to the
  13-22  juvenile court under this section if the child is committed or
  13-23  sentenced to commitment for delinquent conduct prescribed by
  13-24  Section 53.045(a).
  13-25        (d)  In this section:
  13-26              (1)  "Return of a child to the juvenile court" means a
  13-27  child committed to the Texas Youth Commission after the statewide
   14-1  cumulative total of actual commitments for any of the first six
   14-2  months of the state fiscal year exceeds the targeted level by 50
   14-3  commitments or, at any point during the year, exceeds the targeted
   14-4  level by 100 commitments.
   14-5              (2)  "Targeted level of new commitments" means the key
   14-6  performance target for annual commitments to the commission under
   14-7  the General Appropriations Act for the Texas Juvenile Probation
   14-8  Commission, projected by month to obtain a cumulative monthly
   14-9  comparison with the number of actual commitments.
  14-10        SECTION 8.  Section 61.079, Human Resources Code, is amended
  14-11  to read as follows:
  14-12        Sec. 61.079.  REFERRAL FOR TRANSFER <REVIEW>.  (a)  After a
  14-13  child sentenced to commitment to the commission under Section
  14-14  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
  14-15  of age but before the child becomes 21 years of age, the commission
  14-16  may refer the child to the juvenile court that entered the order of
  14-17  commitment for approval of the child's transfer to the
  14-18  institutional division of the Texas Department of Criminal Justice
  14-19  if:
  14-20              (1)  the child has not completed the child's sentence;
  14-21  and
  14-22              (2)  the child's conduct, regardless of whether the
  14-23  child was released under supervision under Section 61.081,
  14-24  indicates that the welfare of the community requires the transfer
  14-25  <During the sixth month before the month in which a person
  14-26  committed to the commission under a determinate sentence becomes 18
  14-27  years old, the  commission shall send to the juvenile court that
   15-1  entered the order of commitment a notice of the person's transfer
   15-2  to the Texas Department of Corrections if:>
   15-3              <(1)  the person will not have completed the sentence
   15-4  before the person's 18th birthday; and>
   15-5              <(2)  the person has not been finally released by the
   15-6  commission with the approval of the juvenile court that entered the
   15-7  order of commitment>.
   15-8        (b)  The commission shall cooperate with the court on any
   15-9  proceeding on the transfer <release> of the child <a person>.
  15-10        SECTION 9.  Sections 61.081(f) and (g), Human Resources Code,
  15-11  are amended to read as follows:
  15-12        (f)  If a child <under the age of 18> is committed to the
  15-13  commission under <a determinate sentence under> Section
  15-14  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
  15-15  the commission may not release the child under supervision without
  15-16  approval of the juvenile court that entered the order of commitment
  15-17  unless the child has served at least:
  15-18              (1)  10 years, if the child was sentenced to commitment
  15-19  for conduct constituting capital murder;
  15-20              (2)  three years, if the child was sentenced to
  15-21  commitment for conduct constituting a felony of the first degree;
  15-22              (3)  two years, if the child was sentenced to
  15-23  commitment for conduct constituting a felony of the second degree;
  15-24  or
  15-25              (4)  one year, if the child was sentenced to commitment
  15-26  for conduct constituting a felony of the third degree.
  15-27        (g)  The commission may request the approval of the court
   16-1  under this section at any time.
   16-2        (h) <(g)>  If the commission finds that a child has violated
   16-3  an order under which the child is released under supervision, on
   16-4  notice by any reasonable method to all persons affected, the
   16-5  commission may order the child:
   16-6              (1)  to return to an institution;
   16-7              (2)  if the violation resulted in property damage or
   16-8  personal injury:
   16-9                    (A)  to make full or partial restitution to the
  16-10  victim of the offense; or
  16-11                    (B)  if the child is  financially unable to make
  16-12  full or partial restitution, to perform services for a charitable
  16-13  or educational institution; or
  16-14              (3)  to comply with any other conditions the commission
  16-15  considers appropriate.
  16-16        SECTION 10.  Section 61.084, Human Resources Code, is amended
  16-17  to read as follows:
  16-18        Sec. 61.084.  TERMINATION OF CONTROL.  (a)  Except as
  16-19  provided by Subsections (b) and (c), if a person is committed to
  16-20  the commission under a determinate sentence under Section
  16-21  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
  16-22  the commission may not discharge the person from its custody
  16-23  <before the person's 18th birthday without the approval of the
  16-24  juvenile court that entered the order of commitment>.
  16-25        (b)  The commission shall  discharge without a court hearing
  16-26  a person committed to it for a determinate sentence under Section
  16-27  54.04(d)(3), Section 54.04(m), or  Section 54.05(f), Family Code,
   17-1  who has not been transferred to the institutional division of the
   17-2  Texas Department of Criminal Justice <or discharged> under a court
   17-3  order on the date that the time spent by the person in detention in
   17-4  connection with the committing case plus the time spent at the
   17-5  Texas Youth Commission under the order of commitment equals the
   17-6  period of the determinate sentence.
   17-7        (c)  The commission shall transfer to the institutional
   17-8  division of the  Texas Department of Criminal Justice a person who
   17-9  is the subject of an order under  Section 54.11(i)(2), Family Code,
  17-10  transferring the person  to the custody of the institutional
  17-11  division of the Texas Department of Criminal Justice for the
  17-12  completion of the person's determinate sentence.
  17-13        (d)  The commission shall transfer a person sentenced to
  17-14  commitment for delinquent conduct constituting the offense of
  17-15  capital murder to the institutional division of the Texas
  17-16  Department of Criminal Justice on the person's 21st birthday if the
  17-17  person has not:
  17-18              (1)  served at least 10 years of the person's sentence;
  17-19  or
  17-20              (2)  been transferred or released under supervision by
  17-21  court order.
  17-22        (e)  Except as provided by Subsection (f), the <The>
  17-23  commission shall discharge from its custody a person not already
  17-24  discharged or transferred on the person's 21st birthday.
  17-25        (f)  The commission shall transfer a person who has been
  17-26  sentenced to commitment under Section 54.04(d)(3), 54.04(m), or
  17-27  54.05(f), Family Code, or who has been returned to the commission
   18-1  under Section 54.11(i)(1), Family Code, to the custody  of the
   18-2  pardons and paroles division of the Texas Department of Criminal
   18-3  Justice on the person's 21st birthday, if the person has not
   18-4  already been discharged or transferred, to serve the remainder of
   18-5  the person's sentence on parole as provided by Section 29, Article
   18-6  42.18, Code of Criminal Procedure.
   18-7        SECTION 11.  Article 42.18, Code of Criminal Procedure, is
   18-8  amended by adding Section 29 to read as follows:
   18-9        Sec. 29.  DETERMINATE SENTENCE PAROLE.  (a)  Not later than
  18-10  the 90th day before the date the Texas Youth Commission transfers a
  18-11  person to the custody of the pardons and paroles division for
  18-12  release on parole under Section 61.084(f), Human Resources Code,
  18-13  the commission shall submit to the board all pertinent information
  18-14  relating to the person, including:
  18-15              (1)  the juvenile court judgment;
  18-16              (2)  the circumstances of the person's offense;
  18-17              (3)  the person's previous social history and juvenile
  18-18  court records;
  18-19              (4)  the person's physical and mental health record;
  18-20              (5)  a record of the person's conduct, employment
  18-21  history, and attitude while committed to the commission;
  18-22              (6)  a record of the sentence time served by the person
  18-23  at the commission; and
  18-24              (7)  any written comments or information provided by
  18-25  the commission, local officials, or victims of the offense.
  18-26        (b)  Before the release of the person on parole, a parole
  18-27  panel shall review the person's records and may interview the
   19-1  person or any other person the panel considers necessary to
   19-2  determine the conditions of parole.  The panel may impose any
   19-3  reasonable condition of parole on the person that the panel may
   19-4  impose on an adult prisoner under this article.
   19-5        (c)  The panel shall furnish the person with a contract
   19-6  clearly describing the conditions and rules of parole.  The person
   19-7  must accept and sign the contract as a precondition to release on
   19-8  parole.
   19-9        (d)  While on parole, the person remains in the legal custody
  19-10  of the state and shall comply with the conditions of parole ordered
  19-11  by a panel under this section.
  19-12        (e)  The period of parole for a person released to parole
  19-13  under this section is the maximum term for which the person was
  19-14  sentenced less calendar time actually served at the Texas Youth
  19-15  Commission.
  19-16        (f)  If a parole panel revokes the person's parole, the panel
  19-17  may require the person to serve the portion remaining of the
  19-18  person's sentence in the institutional division.  The remaining
  19-19  portion of the person's sentence is computed without credit for the
  19-20  time from the date of the person's release to the date of
  19-21  revocation.  The panel may not recommit the person to the Texas
  19-22  Youth Commission.
  19-23        (g)  For purposes of this article, a person released from the
  19-24  Texas Youth Commission on parole under this section is considered
  19-25  to have been convicted of the offense for which the person has been
  19-26  adjudicated.
  19-27        SECTION 12.  (a)  The change in law made by this Act applies
   20-1  only to conduct that occurs on or after the effective date of this
   20-2  Act.  Conduct violating a penal law of the state occurs on or after
   20-3  the effective date of this Act if every element of the violation
   20-4  occurs on or after that date.
   20-5        (b)  Conduct that occurs before the effective date of this
   20-6  Act is covered by the law in effect at the time the conduct
   20-7  occurred, and the former law is continued in effect for that
   20-8  purpose.
   20-9        SECTION 13.  This Act takes effect September 1, 1995.
  20-10        SECTION 14.  The importance of this legislation and the
  20-11  crowded condition of the calendars in both houses create an
  20-12  emergency and an imperative public necessity that the
  20-13  constitutional rule requiring bills to be read on three several
  20-14  days in each house be suspended, and this rule is hereby suspended.