By Montford                                            S.B. No. 639
       74R3006 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the juvenile justice system, including the adjudication
    1-3  and disposition of children; providing for penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 51, Family Code, is amended by adding
    1-6  Section 51.031 to read as follows:
    1-7        Sec. 51.031.  SERIOUS AND HABITUAL CONDUCT.  (a)  Serious and
    1-8  habitual conduct is conduct violating a penal law of the grade of
    1-9  felony, other than a state jail felony, if:
   1-10              (1)  the child who engaged in the conduct has at least
   1-11  two previous adjudications as having engaged in delinquent conduct
   1-12  violating a penal law of the grade of felony; and
   1-13              (2)  each subsequent adjudication was for conduct that
   1-14  occurred after the date of the previous adjudication.
   1-15        (b)  For purposes of this section, a previous adjudication
   1-16  includes any adjudication, regardless of the disposition.
   1-17        SECTION 2.  Section 51.09(b), Family Code, as amended by
   1-18  Chapters 429 and 593, Acts of the 72nd Legislature, Regular
   1-19  Session, 1991, is conformed to Chapter 557, Acts of the 72nd
   1-20  Legislature, Regular Session, 1991, and amended to read as follows:
   1-21        (b)  Notwithstanding any of the provisions of Subsection (a)
   1-22  of this section, the statement of a child is admissible in evidence
   1-23  in any future proceeding concerning the matter about which the
   1-24  statement was given if:
    2-1              (1)  when the child is in a detention facility or other
    2-2  place of confinement or in the custody of an officer, the statement
    2-3  is made in writing and the statement shows that the child has at
    2-4  some time prior to the making thereof received from a <>magistrate a
    2-5  warning that:
    2-6                    (A)  the child may remain silent and not make any
    2-7  statement at all and that any statement that the child makes may be
    2-8  used in evidence against the child;
    2-9                    (B)  the child has the right to have an attorney
   2-10  present to advise the child either prior to any questioning or
   2-11  during the questioning;
   2-12                    (C)  if the child is unable to employ an
   2-13  attorney, the child has the right to have an attorney appointed to
   2-14  counsel with the child prior to or during any interviews with peace
   2-15  officers or attorneys representing the state;
   2-16                    (D)  the child has the right to terminate the
   2-17  interview at any time;
   2-18                    (E)  if the child is 15 years of age or older at
   2-19  the time of the violation of a penal law of the grade of felony the
   2-20  juvenile court may waive its jurisdiction and the child may be
   2-21  tried as an adult;
   2-22                    (F)  the child may be sentenced to commitment in
   2-23  the Texas Youth Commission with a transfer to the institutional
   2-24  division of the Texas Department of Criminal Justice <for a term
   2-25  not to exceed 40 years> if the child is found to have engaged in
   2-26  serious and habitual conduct, alleged in a petition approved by a
   2-27  grand jury, or is found to have engaged in delinquent conduct,
    3-1  alleged in a petition approved by a grand jury, that included:
    3-2                          (i)  murder;
    3-3                          (ii)  capital murder;
    3-4                          (iii)  aggravated kidnapping;
    3-5                          (iv)  aggravated sexual assault;
    3-6                          (v)  aggravated robbery;
    3-7                          (vi)  aggravated assault <deadly assault on
    3-8  a law enforcement officer, corrections officer, court participant,
    3-9  or probation personnel>; <or>
   3-10                          (vii)  manslaughter;
   3-11                          (viii)  intoxication manslaughter;
   3-12                          (ix)  injury to a child, elderly
   3-13  individual, or disabled individual, if the conduct constitutes a
   3-14  felony, other than a state jail felony; or
   3-15                          (x) <(vi)>  attempted capital murder or
   3-16  murder; and
   3-17                    (G)  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 3.  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 to read as follows:
   4-24        (c)  A warning under Subsection (b)(1)(E) or Subsection
   4-25  (b)(1)(F) of this section is required only when applicable to the
   4-26  facts of the case.  A failure to warn a child under Subsection
   4-27  (b)(1)(E) of this section does not render a statement made by the
    5-1  child inadmissible unless the child is transferred to a criminal
    5-2  district court under Section 54.02 of this code.  A failure to warn
    5-3  a child under Subsection (b)(1)(F) of this section does not render
    5-4  a statement made by the child inadmissible unless the state
    5-5  proceeds against the child on a petition approved by a grand jury
    5-6  under Section 53.045 of this code.
    5-7        SECTION 4.  Section 51.12, Family Code, is amended by adding
    5-8  Subsection (f) to read as follows:
    5-9        (f)  A person who is 18 years of age or older and under the
   5-10  jurisdiction of the juvenile court may be detained in or committed
   5-11  to a compartment of a jail or lockup in which adults arrested for,
   5-12  charged with, or convicted of crime are detained or committed.
   5-13        SECTION 5.  Chapter 53, Family Code, is amended by adding
   5-14  Sections 53.011-53.012 to read as follows:
   5-15        Sec. 53.011.  DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE
   5-16  EXISTS.  If it is determined under Section 53.01 that the person
   5-17  referred is a child and that there is probable cause to believe the
   5-18  child engaged in delinquent conduct or conduct indicating a need
   5-19  for supervision, the child shall be referred to the prosecuting
   5-20  attorney or assigned appropriate sanctions as provided by Section
   5-21  53.012.
   5-22        Sec. 53.012.  REFERRAL OF CHILD; REVIEW BY PROSECUTOR.  (a)
   5-23  A child who is alleged to have engaged in delinquent conduct that
   5-24  constitutes a felony offense shall be promptly referred to the
   5-25  prosecuting attorney with:
   5-26              (1)  each document relating to the referral; and
   5-27              (2)  a summary description of each previous referral of
    6-1  the child to a juvenile court, juvenile probation department, or
    6-2  juvenile detention facility.
    6-3        (b)  A child who is alleged to have engaged in delinquent
    6-4  conduct that constitutes a misdemeanor offense or conduct
    6-5  indicating a need for supervision shall be promptly:
    6-6              (1)  referred to the prosecuting attorney with the
    6-7  documents required by Subsection (a); or
    6-8              (2)  assigned appropriate sanctions under Chapter 58.
    6-9        (c)  The prosecuting attorney shall promptly review the
   6-10  circumstances and allegations of each referral under this section
   6-11  to the prosecuting attorney for legal sufficiency and the
   6-12  desirability of prosecution.
   6-13        (d)  If the prosecuting attorney does not file a petition
   6-14  against a child referred to the prosecuting attorney, the
   6-15  prosecuting attorney shall:
   6-16              (1)  terminate all proceedings, if the reason for not
   6-17  filing a petition is lack of probable cause; or
   6-18              (2)  return the referral to the probation department
   6-19  for assignment of appropriate sanctions under Chapter 58.
   6-20        (e)  The juvenile probation department shall promptly refer a
   6-21  child who has been assigned a progressive sanction and who fails or
   6-22  refuses to comply with the sanction to the prosecuting attorney for
   6-23  review of the child's case and determination of whether to file a
   6-24  petition.
   6-25        SECTION 6.  Sections 53.01(a) and (b), Family Code, are
   6-26  amended to read as follows:
   6-27        (a)  On referral of a child or a child's case to the office
    7-1  or official designated by the juvenile court, the intake officer,
    7-2  probation officer, or other person authorized by the court shall
    7-3  conduct a preliminary investigation to determine whether:
    7-4              (1)  the person referred to juvenile court is a child
    7-5  within the meaning of this title; and
    7-6              (2)  there is probable cause to believe the child
    7-7  engaged in delinquent conduct or conduct indicating a need for
    7-8  supervision<; and>
    7-9              <(3)  further proceedings in the case are in the
   7-10  interest of the child or the public>.
   7-11        (b)  If it is determined that the person is not a child<,> or
   7-12  there is no probable cause<, or further proceedings are not
   7-13  warranted>, the child shall immediately be released and proceedings
   7-14  terminated.
   7-15        SECTION 7.  Section 53.03, Family Code, is amended to read as
   7-16  follows:
   7-17        Sec. 53.03.  DEFERRED PROSECUTION <INTAKE CONFERENCE AND
   7-18  ADJUSTMENT>.  (a)  If the preliminary investigation required by
   7-19  Section 53.01 of this code results in a determination that further
   7-20  proceedings in the case are authorized <and warranted>, the
   7-21  probation officer or other designated officer of the court, subject
   7-22  to the direction of the juvenile court, may advise the parties for
   7-23  a reasonable period of time not to exceed six months concerning
   7-24  deferred prosecution <an informal adjustment> and <voluntary>
   7-25  rehabilitation of a child if:
   7-26              (1)  deferred prosecution <advice without a court
   7-27  hearing> would be in the interest of the public and the child;
    8-1              (2)  the child and his parent, guardian, or custodian
    8-2  consent with knowledge that consent is not obligatory; and
    8-3              (3)  the child and his parent, guardian, or custodian
    8-4  are informed that they may terminate the deferred prosecution
    8-5  <adjustment process> at any point and petition the court for a
    8-6  court hearing in the case.
    8-7        (b)  Except as otherwise permitted by this title, the child
    8-8  may not be detained during or as a result of the deferred
    8-9  prosecution <adjustment> process.
   8-10        (c)  An incriminating statement made by a participant to the
   8-11  person giving advice and in the discussions or conferences incident
   8-12  thereto may not be used against the declarant in any court hearing.
   8-13        (d)  A deferred prosecution <An informal adjustment>
   8-14  authorized by this section shall <may> involve:
   8-15              (1)  <voluntary> restitution by the child or his parent
   8-16  to the victim of an offense if there is a victim of the offense; or
   8-17              (2)  <voluntary> community service restitution by the
   8-18  child.
   8-19        (e)  The court may adopt a fee schedule for deferred
   8-20  prosecution <informal adjustment> services and rules for the waiver
   8-21  of a fee for financial hardship in accordance with guidelines that
   8-22  the Texas Juvenile Probation Commission shall provide.  The maximum
   8-23  fee is $15 a month.  If the court adopts a schedule and rules for
   8-24  waiver, the probation officer or other designated officer of the
   8-25  court shall collect the fee authorized by the schedule from the
   8-26  parent, guardian, or custodian of a child for whom a deferred
   8-27  prosecution <an informal adjustment> is authorized under this
    9-1  section or waive the fee in accordance with the rules adopted by
    9-2  the court.  The officer shall deposit the fees received under this
    9-3  section in the county treasury to the credit of a special fund that
    9-4  may be used only for juvenile probation or community-based juvenile
    9-5  corrections services or facilities in which a juvenile may be
    9-6  required to live while under court supervision.  If the court does
    9-7  not adopt a schedule and rules for waiver, a fee for deferred
    9-8  prosecution <informal adjustment> services may not be imposed.
    9-9        SECTION 8.  Section 53.04(d), Family Code, is amended to read
   9-10  as follows:
   9-11        (d)  The petition must state:
   9-12              (1)  with reasonable particularity the time, place, and
   9-13  manner of the acts alleged and the penal law or standard of conduct
   9-14  allegedly violated by the acts;
   9-15              (2)  the name, age, and residence address, if known, of
   9-16  the child who is the subject of the petition;
   9-17              (3)  the names and residence addresses, if known, of
   9-18  the parent, guardian, or custodian of the child and of the child's
   9-19  spouse, if any; <and>
   9-20              (4)  if the child's parent, guardian, or custodian does
   9-21  not reside or cannot be found in the state, or if their places of
   9-22  residence are unknown, the name and residence address of any known
   9-23  adult relative residing in the county or, if there is none, the
   9-24  name and residence address of the known adult relative residing
   9-25  nearest to the location of the court; and
   9-26              (5)  if the child is alleged to have engaged in serious
   9-27  and habitual conduct, the previous adjudications as having engaged
   10-1  in conduct violating penal laws of the grade of felony.
   10-2        SECTION 9.  Section 53.045(a), Family Code, is amended to
   10-3  read as follows:
   10-4        (a)  Except as provided by Subsection (e) of this section,
   10-5  the prosecuting attorney may refer the petition to the grand jury
   10-6  of the county in which the court in which the petition is filed
   10-7  presides if the petition alleges that the child engaged in:
   10-8              (1)  delinquent conduct that included the violation of
   10-9  any of the following provisions <of the Penal Code>:
  10-10                    (A) <(1)>  Section 19.02, Penal Code (murder);
  10-11                    (B) <(2)>  Section 19.03, Penal Code (capital
  10-12  murder);
  10-13                    (C) <(3)>  Section 20.04, Penal Code (aggravated
  10-14  kidnapping);
  10-15                    (D) <(4)>  Section 22.021, Penal Code (aggravated
  10-16  sexual assault);
  10-17                    (E) <(5)>  Section 22.02(a), Penal Code
  10-18  (aggravated assault) <22.03 (deadly assault on a law enforcement
  10-19  officer, corrections officer, or court participant)>; <or>
  10-20                    (F) <(6)>  Section 29.03, Penal Code (aggravated
  10-21  robbery);
  10-22                    (G)  Section 19.04, Penal Code (manslaughter);
  10-23                    (H)  Section 49.08, Penal Code (intoxication
  10-24  manslaughter);
  10-25                    (I)  Section 22.04, Penal Code (injury to a
  10-26  child, elderly individual, or disabled individual), if the conduct
  10-27  constitutes a felony, other than a state jail felony; or
   11-1                    (J)  Section 15.01, Penal Code (criminal
   11-2  attempt), if the offense attempted was an offense under Section
   11-3  19.03, Penal Code (capital murder) or Section 19.02, Penal Code
   11-4  (murder);  or
   11-5              (2)  serious and habitual conduct.
   11-6        SECTION 10.  Section 54.04, Family Code, is amended by
   11-7  amending Subsections (d) and (e) and adding Subsection (m) to read
   11-8  as follows:
   11-9        (d)  If the court or jury makes the finding specified in
  11-10  Subsection (c) of this section allowing the court to make a
  11-11  disposition in the case:
  11-12              (1)  the court or jury may, in addition to any order
  11-13  required or authorized under Section 54.041 or 54.042 of this code,
  11-14  place the child on probation on such reasonable and lawful terms as
  11-15  the court may determine:
  11-16                    (A)  in the child's <his> own home or in the
  11-17  custody of a relative or other fit person; or
  11-18                    (B)  subject to the finding under Subsection (c)
  11-19  of this section on the placement of the child outside the child's
  11-20  home, in:
  11-21                          (i)  a suitable foster home; or
  11-22                          (ii)  a suitable public or private
  11-23  institution or agency, except the Texas Youth Commission;
  11-24              (2)  if the court or jury found at the conclusion of
  11-25  the adjudication hearing that the child engaged in delinquent
  11-26  conduct and if the petition was not approved by the grand jury
  11-27  under Section 53.045 of this code, the court may commit the child
   12-1  to the Texas Youth Commission without a determinate sentence; or
   12-2              (3)  if the court or jury found at the conclusion of
   12-3  the adjudication hearing that the child engaged in delinquent
   12-4  conduct that included a violation of a penal law listed in Section
   12-5  53.045(a) of this code and if the petition was approved by the
   12-6  grand jury under Section 53.045 of this code, the court or jury may
   12-7  sentence the child to commitment in the Texas Youth Commission with
   12-8  a transfer to the institutional division of the Texas Department of
   12-9  Criminal Justice for a <any> term of:
  12-10                    (A)  not less than 10 years or more than 60
  12-11  years, if the penal law violated is a capital felony;
  12-12                    (B)  not less than three years or more than 40
  12-13  years, if the penal law violated is a felony of the first degree;
  12-14                    (C)  not less than two years or more than 20
  12-15  years, if the penal law violated is a felony of the second degree;
  12-16  or
  12-17                    (D)  not less than one year or more than 10
  12-18  years, if the penal law violated is a felony of the third degree
  12-19  <of years not to exceed 40 years>.
  12-20        (e)  Except as provided by Section 61.067, Human Resources
  12-21  Code, the <The> Texas Youth Commission shall accept a child
  12-22  properly committed to it by a juvenile court even though the child
  12-23  may be 17 years of age or older at the time of commitment.
  12-24        (m)  If a child is alleged in the petition to have engaged in
  12-25  serious and habitual conduct, the evidence of previous
  12-26  adjudications shall be admitted in the disposition hearing.  For
  12-27  the purposes of sentencing the child under Subsection (d)(3), the
   13-1  adjudication found in the pending suit determines the
   13-2  classification of the conduct.
   13-3        SECTION 11.  Sections 54.05(a) and (f), Family Code, are
   13-4  amended to read as follows:
   13-5        (a)  Any disposition, including <except> a commitment to the
   13-6  Texas Youth Commission if the commitment is returned to the
   13-7  juvenile court under Section 61.067, Human Resources Code, may be
   13-8  modified by the juvenile court as provided in this section until:
   13-9              (1)  the child reaches his 18th birthday; or
  13-10              (2)  the child is earlier discharged by the court or
  13-11  operation of law.
  13-12        (f)  A disposition based on a finding that the child engaged
  13-13  in delinquent conduct may be modified so as to commit the child to
  13-14  the Texas Youth Commission if the court after a hearing to modify
  13-15  disposition finds beyond a reasonable doubt that the child violated
  13-16  a reasonable and lawful order of the court.  A disposition based on
  13-17  a finding that the child engaged in a delinquent conduct that
  13-18  included a violation of a penal law listed in Section 53.045(a) of
  13-19  this code may be modified to commit the child to the Texas Youth
  13-20  Commission with a transfer to the institutional division of the
  13-21  Texas Department of Criminal Justice for a definite term as
  13-22  provided by Section 54.04(d)(3) <not to exceed 40 years> if the
  13-23  original petition was approved by the grand jury under Section
  13-24  53.045 of this code and if after a hearing to modify the
  13-25  disposition the court or jury finds that the child violated a
  13-26  reasonable and lawful order of the court.
  13-27        SECTION 12.  Sections 54.11(h), (i), and (j), Family Code,
   14-1  are amended to read as follows:
   14-2        (h)  On or after the 16th birthday of a person who is in the
   14-3  custody of the Texas Youth Commission, the commission may apply to
   14-4  the original committing court for a hearing for the transfer of the
   14-5  person to the institutional division of the Texas Department of
   14-6  Criminal Justice <The release hearing on a person who is the
   14-7  subject of a notice of transfer must be held before 30 days before
   14-8  the person's 18th birthday>.
   14-9        (i)  On conclusion of the <release> hearing on a person who
  14-10  is referred for transfer under Section 61.079(a), Human Resources
  14-11  Code <the subject of a notice of transfer>, the court may order:
  14-12              (1)  the return <recommitment> of the person to the
  14-13  Texas Youth Commission <without a determinate sentence>; or
  14-14              (2)  the transfer of the person to the custody of the
  14-15  institutional division of the Texas Department of Criminal Justice
  14-16  for the completion of the person's <determinate> sentence<; or>
  14-17              <(3)  the final discharge of the person>.
  14-18        (j)  On conclusion of the release hearing on a person who is
  14-19  referred for release under supervision under Section 61.081(f),
  14-20  Human Resources Code, the court may order the return of the person
  14-21  to the Texas Youth Commission with or without approval for release
  14-22  under supervision.
  14-23        (k)  In making a determination under this section for a
  14-24  person who is referred for transfer or release, the court shall
  14-25  <may> consider:
  14-26              (1)  the experiences and character of the person before
  14-27  and after commitment to the youth commission;<,>
   15-1              (2)  the nature of the penal offense that the person
   15-2  was found to have committed and the manner in which the offense was
   15-3  committed;<,>
   15-4              (3)  the abilities of the person to contribute to
   15-5  society;<,>
   15-6              (4)  the protection of the victim of the offense or any
   15-7  member of the victim's family;<,>
   15-8              (5)  the recommendations of the youth commission and
   15-9  prosecuting attorney;<,>
  15-10              (6)  the best interests of the person;<,>
  15-11              (7)  the education level of the person before and after
  15-12  commitment to the youth commission;
  15-13              (8)  any trade or marketable skill learned by the
  15-14  person;
  15-15              (9)  any violent behavior exhibited by the person while
  15-16  in commitment;
  15-17              (10)  whether the person has resolved any substance
  15-18  abuse problems identified by the court at the time of commitment;
  15-19              (11)  whether the person is capable of self-support
  15-20  without resorting to criminal behavior; and
  15-21              (12) any other factor relevant to the issue to be
  15-22  decided.
  15-23        SECTION 13.  Chapter 54, Family Code, is amended by adding
  15-24  Section 54.044 to read as follows:
  15-25        Sec. 54.044.  PLAN OF REHABILITATION.  (a)  A juvenile court
  15-26  that commits a child to the Texas Youth Commission may direct the
  15-27  juvenile probation department of the county in which the court is
   16-1  located to prepare a complete list of any problems of the child
   16-2  that should be addressed in a plan of rehabilitation.  The court
   16-3  may include the list with the commitment order.
   16-4        (b)  In addition to providing a list of problems of the
   16-5  child, the probation department may:
   16-6              (1)  recommend the degree of security for the child
   16-7  necessary to protect the public during the rehabilitation process;
   16-8              (2)  recommend ways to correct an educational
   16-9  deficiency of the child to enable the child to read, write, and
  16-10  make arithmetic computations at an appropriate level as determined
  16-11  by psychological testing;
  16-12              (3)  recommend trade school training;
  16-13              (4)  recommend treatment in a residential facility to
  16-14  correct problems detected by psychological or psychiatric testing;
  16-15              (5)  recommend treatment for alcohol, tobacco, or drug
  16-16  abuse;
  16-17              (6)  recommend treatment to correct a habit of the
  16-18  child that may adversely affect the rehabilitation process;
  16-19              (7)  recommend a program to rehabilitate the child's
  16-20  family; or
  16-21              (8)  list observations of the probation officer that
  16-22  may assist the Texas Youth Commission in the implementation of the
  16-23  rehabilitation plan.
  16-24        (c)  For each child committed to the Texas Youth Commission,
  16-25  the commission shall prepare a plan of rehabilitation and shall
  16-26  consider the recommendations made and problems identified by the
  16-27  probation department in the preparation of the plan.  The
   17-1  commission has the final authority for the creation and
   17-2  implementation of the plan.
   17-3        SECTION 14.  Section 57.002, Family Code, is amended to read
   17-4  as follows:
   17-5        Sec. 57.002.  VICTIM'S RIGHTS.  A victim, guardian of a
   17-6  victim, or close relative of a deceased victim is entitled to the
   17-7  following rights within the juvenile justice system:
   17-8              (1)  the right to receive from law enforcement agencies
   17-9  adequate protection from harm and threats of harm arising from
  17-10  cooperation with prosecution efforts;
  17-11              (2)  the right to have the court or person appointed by
  17-12  the court take the safety of the victim or the victim's family into
  17-13  consideration as an element in determining whether the child should
  17-14  be detained before the child's conduct is adjudicated;
  17-15              (3)  the right, if requested, to be informed of
  17-16  relevant court proceedings and to be informed in a timely manner if
  17-17  those court proceedings have been canceled or rescheduled;
  17-18              (4)  the right to be informed, when requested, by the
  17-19  court or a person appointed by the court concerning the procedures
  17-20  in the juvenile justice system, including general procedures
  17-21  relating to the preliminary investigation and deferred prosecution
  17-22  <informal adjustment> of a case;
  17-23              (5)  the right to provide pertinent information to a
  17-24  juvenile court conducting a disposition hearing concerning the
  17-25  impact of the offense on the victim and the victim's family by
  17-26  testimony, written statement, or any other manner before the court
  17-27  renders its disposition;
   18-1              (6)  the right to receive information regarding
   18-2  compensation to victims as provided by the Crime Victims' <Victims>
   18-3  Compensation Act (Section 56.31 et seq., Code of Criminal Procedure
   18-4  <Article 8309-1, Vernon's Texas Civil Statutes>), including
   18-5  information related to the costs that may be compensated under that
   18-6  Act and the amount of compensation, eligibility for compensation,
   18-7  and procedures for application for compensation under that Act, the
   18-8  payment of medical expenses under Section 56.06, Code of Criminal
   18-9  Procedure <Section 1, Chapter 299, Acts of the 63rd Legislature,
  18-10  Regular Session, 1973 (Article 4447m, Vernon's Texas Civil
  18-11  Statutes)>, for a victim of a sexual assault, and when requested,
  18-12  to referral to available social service agencies that may offer
  18-13  additional assistance;
  18-14              (7)  the right to be informed, upon request, of
  18-15  procedures for release under supervision, to participate in the
  18-16  release process, to be notified, if requested, of release
  18-17  proceedings concerning the child, to provide to the Texas Youth
  18-18  Commission for inclusion in the child's file information to be
  18-19  considered by the commission before the release under supervision
  18-20  of the child, and to be notified, if requested, of the child's
  18-21  release;
  18-22              (8)  the right to be provided with a waiting area,
  18-23  separate or secure from other witnesses, including the child
  18-24  alleged to have committed the conduct and relatives of the child,
  18-25  before testifying in any proceeding concerning the child, or, if a
  18-26  separate waiting area is not available, other safeguards should be
  18-27  taken to minimize the victim's contact with the child and the
   19-1  child's relatives and witnesses, before and during court
   19-2  proceedings;
   19-3              (9)  the right to prompt return of any property of the
   19-4  victim that is held by a law enforcement agency or the attorney for
   19-5  the state as evidence when the property is no longer required for
   19-6  that purpose;
   19-7              (10)  the right to have the attorney for the state
   19-8  notify the employer of the victim, if requested, of the necessity
   19-9  of the victim's cooperation and testimony in a proceeding that may
  19-10  necessitate the absence of the victim from work for good cause; and
  19-11              (11)  the right to be present at all public court
  19-12  proceedings related to the conduct of the child, subject to the
  19-13  approval of the court.
  19-14        SECTION 15.  Title 3, Family Code, is amended by adding
  19-15  Chapter 58 to read as follows:
  19-16             CHAPTER 58.  PROGRESSIVE SANCTIONS GUIDELINES
  19-17        Sec. 58.01.  PURPOSES.  The purposes of the progressive
  19-18  sanctions guidelines are to:
  19-19              (1)  provide uniform and consistent standards regarding
  19-20  the seriousness of the current offense, prior delinquent history,
  19-21  special treatment or training needs, and effectiveness of prior
  19-22  interventions to the disposition of each child's case;
  19-23              (2)  balance public protection, rehabilitation, and a
  19-24  child's accountability;
  19-25              (3)  permit flexibility in the decisions made in
  19-26  relation to the child to the extent allowed by law;
  19-27              (4)  consider the child's circumstances; and
   20-1              (5)  provide for uniform and consistent reporting of
   20-2  disposition decisions at all levels to enable more effective
   20-3  juvenile justice planning and resource allocation.
   20-4        Sec. 58.02.  SANCTION LEVEL ONE.  (a)  For a child at
   20-5  sanction level one, the probation department shall:
   20-6              (1)  require counseling for the child regarding the
   20-7  child's conduct;
   20-8              (2)  inform the child of the progressive sanctions that
   20-9  may be imposed on the child if the child continues to engage in
  20-10  delinquent conduct or conduct indicating a need for supervision;
  20-11              (3)  inform the child's parents or guardians of the
  20-12  parents' or guardians' responsibility to impose reasonable
  20-13  restrictions on the child to prevent the conduct from recurring;
  20-14              (4)  provide information or other assistance to the
  20-15  child or the child's parents or guardians in securing needed social
  20-16  services; and
  20-17              (5)  release the child to the child's parents or
  20-18  guardians.
  20-19        (b)  The probation department shall discharge the child from
  20-20  the custody of the probation department after the provisions of
  20-21  this section are met.
  20-22        Sec. 58.03.  SANCTION LEVEL TWO.  (a)  For a child at
  20-23  sanction level two, the probation department shall:
  20-24              (1)  place the child on probation for not less than
  20-25  three months or more than six months;
  20-26              (2)  require the child to make restitution to the
  20-27  victim of the child's conduct or perform community service
   21-1  restitution appropriate to the nature and degree of harm caused;
   21-2              (3)  require the child's parents or guardians to
   21-3  identify restrictions the parents or guardians will impose on the
   21-4  child's activities and requirements the parents or guardians will
   21-5  set for the child's behavior;
   21-6              (4)  provide the information required under Sections
   21-7  58.02(2) and (4); and
   21-8              (5)  if appropriate, impose additional conditions of
   21-9  probation.
  21-10        (b)  The probation department shall discharge the child from
  21-11  the custody of the probation department on the date the provisions
  21-12  of this section are met or on the child's 18th birthday, whichever
  21-13  is earlier.
  21-14        Sec. 58.04.  SANCTION LEVEL THREE.  (a)  For a child at
  21-15  sanction level three, the probation department shall:
  21-16              (1)  place the child on probation for not less than six
  21-17  months;
  21-18              (2)  require the child to make restitution to the
  21-19  victim of the child's conduct or perform community service
  21-20  restitution appropriate to the nature and degree of harm caused;
  21-21              (3)  impose specific restrictions on the child's
  21-22  activities and requirements for the child's behavior as conditions
  21-23  of probation;
  21-24              (4)  require a probation officer to closely monitor the
  21-25  child's activities and behavior;
  21-26              (5)  require the child and the child's parents or
  21-27  guardians to participate in programs or services designated by the
   22-1  court or probation officer; and
   22-2              (6)  if appropriate, impose additional conditions of
   22-3  probation.
   22-4        (b)  The probation department shall discharge the child from
   22-5  the custody of the probation department on the date the provisions
   22-6  of this section are met or on the child's 18th birthday, whichever
   22-7  is earlier.
   22-8        Sec. 58.05.  SANCTION LEVEL FOUR.  (a)  For a child at
   22-9  sanction level four, the probation department shall:
  22-10              (1)  require the child to participate for not less than
  22-11  three months in a highly intensive and regimented program that
  22-12  emphasizes discipline, physical fitness, social responsibility, and
  22-13  productive work;
  22-14              (2)  place the child on probation, after the release
  22-15  from the program described by Subdivision (1), for not less than
  22-16  six months or more than 12 months;
  22-17              (3)  impose highly structured restrictions on the
  22-18  child's activities and requirements for behavior of the child as
  22-19  conditions of probation;
  22-20              (4)  require a probation officer to closely monitor the
  22-21  child;
  22-22              (5)  require the child and the child's parents or
  22-23  guardians to participate in programs or services designed to
  22-24  address their particular needs and circumstances; and
  22-25              (6)  if appropriate, impose additional sanctions.
  22-26        (b)  The probation department shall discharge the child from
  22-27  the custody of the probation department on the date the provisions
   23-1  of this section are met or on the child's 18th birthday, whichever
   23-2  is earlier.
   23-3        Sec. 58.06.  SANCTION LEVEL FIVE.  (a)  For a child at
   23-4  sanction level five, the probation department shall:
   23-5              (1)  require the child to participate for not less than
   23-6  six months or more than 12 months in a highly structured
   23-7  residential program that emphasizes discipline, accountability,
   23-8  fitness, education and training, productive work, and good values;
   23-9              (2)  after participation in the program described by
  23-10  Subdivision (1), place the child on probation for not less than six
  23-11  months or more than 12 months;
  23-12              (3)  impose highly structured restrictions on the
  23-13  child's activities and requirements for behavior of the child as
  23-14  conditions of probation;
  23-15              (4)  require a probation officer to closely monitor the
  23-16  child;
  23-17              (5)  require the child and the child's parents or
  23-18  guardians to participate in programs or services designed to
  23-19  address their particular needs and circumstances; and
  23-20              (6)  if appropriate, impose additional sanctions.
  23-21        (b)  The probation department shall discharge the child from
  23-22  the custody of the probation department on the date the provisions
  23-23  of this section are met or on the child's 18th birthday, whichever
  23-24  is earlier.
  23-25        Sec. 58.07.  SANCTION LEVEL SIX.  (a)  For a child at
  23-26  sanction level six, the juvenile court shall:
  23-27              (1)  commit the child to the custody of the Texas Youth
   24-1  Commission for placement in a secure institution with a transfer of
   24-2  the child to a highly structured residential program for a total of
   24-3  not less than 12 months or more than 24 months;
   24-4              (2)  require the child and the child's parents or
   24-5  guardians to participate in programs and services for their
   24-6  particular needs and circumstances;
   24-7              (3)  if appropriate, impose additional sanctions.
   24-8        (b)  On release of the child on parole, the Texas Youth
   24-9  Commission shall:
  24-10              (1)  impose highly structured restrictions on the
  24-11  child's activities and requirements for behavior of the child as
  24-12  conditions of release on parole;
  24-13              (2)  require a parole officer to closely monitor the
  24-14  child for not less than three months; and
  24-15              (3)  if appropriate, impose any other conditions of
  24-16  parole.
  24-17        (c)  The Texas Youth Commission may discharge the child from
  24-18  the commission's custody on the date the provisions of this section
  24-19  are met or on the child's 21st birthday, whichever is earlier.
  24-20        Sec. 58.08.  SANCTION LEVEL SEVEN.  (a)  For a child at
  24-21  sanction level seven, the juvenile court shall:
  24-22              (1)  commit the child to the custody of the Texas Youth
  24-23  Commission for placement in a secure institution with a transfer of
  24-24  the child to a highly structured residential program for a total of
  24-25  not less than 12 months or more than 10 years; and
  24-26              (2)  require the child and the child's parents or
  24-27  guardians to participate in programs and services designed to
   25-1  address their particular needs and circumstances.
   25-2        (b)  On release of the child on parole, the Texas Youth
   25-3  Commission shall:
   25-4              (1)  impose highly structured restrictions on the
   25-5  child's activities and requirements for behavior of the child as
   25-6  conditions of release on parole;
   25-7              (2)  require a parole officer to closely monitor the
   25-8  child for not less than three months; and
   25-9              (3)  if appropriate, impose any other conditions of
  25-10  parole.
  25-11        (c)  The Texas Youth Commission may transfer the child to the
  25-12  institutional division of the Texas Department of Criminal Justice
  25-13  after the child is 16 years of age to complete the child's sentence
  25-14  if the juvenile court approves the transfer under Section 54.11.
  25-15        (d)  If a person is in custody of the Texas Youth Commission
  25-16  and has not completed the person's sentence before the person's
  25-17  21st birthday, the commission shall parole the person on the
  25-18  person's 21st birthday to the custody of the pardons and paroles
  25-19  division of the Texas Department of Criminal Justice for the
  25-20  remainder of the person's sentence under Section 29, Article 42.18,
  25-21  Code of Criminal Procedure.
  25-22        Sec. 58.09.  SANCTION LEVEL ASSIGNMENT.  (a)  After a child's
  25-23  first commission of delinquent conduct or conduct indicating a need
  25-24  for supervision, the juvenile court or probation department may
  25-25  assign a child one of the following sanction levels according to
  25-26  the child's conduct:
  25-27              (1)  for conduct indicating a need for supervision,
   26-1  other than a Class A or B misdemeanor, the sanction level is one;
   26-2              (2)  for a Class A or B misdemeanor, other than a
   26-3  misdemeanor involving the use or possession of a firearm, the
   26-4  sanction level is two;
   26-5              (3)  for a misdemeanor involving the use or possession
   26-6  of a firearm or for a state jail felony or a felony of the third
   26-7  degree, the sanction level is three;
   26-8              (4)  for a felony of the second degree, the sanction
   26-9  level is four;
  26-10              (5)  for a felony of the first degree, other than a
  26-11  felony involving the use of a firearm, the sanction level is five;
  26-12  or
  26-13              (6)  for a felony of the first degree involving the use
  26-14  of a firearm or for an aggravated felony, the sanction level is six
  26-15  or seven.
  26-16        (b)  If the child's subsequent commission of delinquent
  26-17  conduct or conduct indicating a need for supervision involves a
  26-18  violation of a penal law of a classification that is the same as or
  26-19  greater than the classification of the child's previous conduct,
  26-20  the juvenile court or probation department shall assign the child a
  26-21  sanction level that is at least one level higher than the
  26-22  previously assigned sanction level, unless the previously assigned
  26-23  sanction level is seven.
  26-24        (c)  If the child's previous sanction level is four or five
  26-25  and the child's subsequent commission of delinquent conduct is of
  26-26  the grade of felony, the juvenile court shall assign the child a
  26-27  sanction level that is at least one level higher than the
   27-1  previously assigned sanction level.
   27-2        (d)  In this section, "aggravated felony" means an offense
   27-3  that is punishable by:
   27-4              (1)  a minimum term of confinement that is longer than
   27-5  the minimum term of confinement for a felony of the first degree;
   27-6  or
   27-7              (2)  a maximum fine that is greater than the maximum
   27-8  fine for a felony of the first degree.
   27-9        Sec. 58.10.  DUTY OF JUVENILE BOARD.  (a)  A juvenile board
  27-10  shall provide programs and services to enable implementation of
  27-11  progressive sanctions guidelines for sanction levels one through
  27-12  five.
  27-13        (b)  A juvenile board shall prepare a report to the Texas
  27-14  Juvenile Probation Commission, at least quarterly on forms provided
  27-15  by the commission, indicating the referrals, probation violations,
  27-16  and commitments to the Texas Youth Commission that are handled
  27-17  according to the progressive sanctions guidelines and the reasons
  27-18  for deviations from the guidelines.
  27-19        Sec. 58.11.  REPORTS BY TEXAS JUVENILE PROBATION COMMISSION,
  27-20  TEXAS YOUTH COMMISSION, AND CRIMINAL JUSTICE POLICY COUNCIL.  (a)
  27-21  The Texas Youth Commission shall prepare a report, at least
  27-22  quarterly, indicating the commitments, placements, parole releases,
  27-23  and revocations that are handled according to the progressive
  27-24  sanction guidelines and the reasons for deviations from the
  27-25  guidelines.
  27-26        (b)  The Texas Juvenile Probation Commission and the Texas
  27-27  Youth Commission shall compile the information obtained under this
   28-1  section and Section 58.10 and submit a joint report of the findings
   28-2  at least annually to the governor and both houses of the
   28-3  legislature indicating the primary reasons for deviations and the
   28-4  impact of guideline implementation on recidivism.
   28-5        (c)  The Criminal Justice Policy Council shall analyze the
   28-6  information compiled by the Texas Juvenile Probation Commission and
   28-7  the Texas Youth Commission under this section and submit the
   28-8  council's findings and recommendations at least annually to the
   28-9  governor and both houses of the legislature.
  28-10        SECTION 16.  Subchapter D, Chapter 61, Human Resources Code,
  28-11  is amended by adding Section 61.067 to read as follows:
  28-12        Sec. 61.067.  CRISIS POPULATION RELIEF.  (a)  In this
  28-13  section, "targeted level" means the key performance target
  28-14  established by the General Appropriations Act for the Texas
  28-15  Juvenile Probation Commission for the number of new commitments
  28-16  each month to the Texas Youth Commission.
  28-17        (b)  The commission shall return a child to the juvenile
  28-18  court that entered the order of commitment for a modified
  28-19  disposition under Section 54.05, Family Code, if the child is
  28-20  committed to the commission after the statewide total of actual
  28-21  commitments is:
  28-22              (1)  for any of the first six months of the state
  28-23  fiscal year, more than 50 commitments over the targeted level; or
  28-24              (2)  at any point during the year, more than 100
  28-25  commitments over the targeted level.
  28-26        (c)  If the conditions of Subsection (b)(1) or (2) exist, the
  28-27  commission shall return children to the juvenile court in the
   29-1  following order:
   29-2              (1)  a child whose sanction level assigned under
   29-3  Section 58.09 is less than five;
   29-4              (2)  a child whose sanction level assigned under
   29-5  Section 58.09 is five; and
   29-6              (3)  a child whose sanction level assigned under
   29-7  Section 58.09 is six.
   29-8        (d)  This section does not apply to a child who is committed
   29-9  to the commission for:
  29-10              (1)  delinquent conduct that included a violation of
  29-11  any of the following provisions of the Penal Code:
  29-12                    (A)  Section 19.02 (murder);
  29-13                    (B)  Section 19.03 (capital murder);
  29-14                    (C)  Section 20.04 (aggravated kidnapping);
  29-15                    (D)  Section 22.021 (aggravated sexual assault);
  29-16                    (E)  Section 29.03 (aggravated robbery);
  29-17                    (F)  Section 22.02(a) (aggravated assault);
  29-18                    (G)  Section 19.04 (manslaughter);
  29-19                    (H)  Section 49.08 (intoxication manslaughter);
  29-20                    (I)  Section 22.04 (injury to a child, elderly
  29-21  individual, or disabled individual), if the offense is a felony,
  29-22  other than a state jail felony; or
  29-23                    (J)  Section 15.01 (criminal attempt), if the
  29-24  offense attempted was under Section 19.03 (capital murder), or
  29-25  Section 19.02 (murder); or
  29-26              (2)  serious and habitual conduct.
  29-27        SECTION 17.  Section 61.079, Human Resources Code, is amended
   30-1  to read as follows:
   30-2        Sec. 61.079.  REFERRAL FOR REVIEW AND TRANSFER.  (a)  After
   30-3  the 16th birthday and before the 21st birthday of <During the sixth
   30-4  month before the month in which> a person committed to the
   30-5  commission under Section 54.04(d)(3) or 54.05(f), Family Code <a
   30-6  determinate sentence becomes 18 years old>, the commission may
   30-7  apply <shall send> to the juvenile court that entered the order of
   30-8  commitment for <a notice of> the person's transfer to the
   30-9  institutional division of the Texas Department of Criminal Justice
  30-10  <Corrections> if:
  30-11              (1)  the person has <will> not <have> completed the
  30-12  sentence <before the person's 18th birthday>; and
  30-13              (2)  the person's performance, before or after the
  30-14  person is released under supervision, indicates that the welfare of
  30-15  the community requires the transfer <person has not been finally
  30-16  released by the commission with the approval of the juvenile court
  30-17  that entered the order of commitment>.
  30-18        (b)  The commission shall cooperate with the court on any
  30-19  proceeding on the transfer <release> of a person.
  30-20        SECTION 18.  Section 61.081(f), Human Resources Code, is
  30-21  amended to read as follows:
  30-22        (f)  If a child <under the age of 18> is committed to the
  30-23  commission under <a determinate sentence under> Section 54.04(d)(3)
  30-24  or Section 54.05(f), Family Code, the commission may not release
  30-25  the child under supervision without approval of the juvenile court
  30-26  that entered the order of commitment and unless the child has
  30-27  served not less than:
   31-1              (1)  10 years, if the child was committed for capital
   31-2  murder;
   31-3              (2)  three years, if the child was committed for a
   31-4  felony of the first degree;
   31-5              (3)  two years, if the child was committed for a felony
   31-6  of the second degree;
   31-7              (4)  one year, if the child was committed for a felony
   31-8  of the third degree.  <The commission may request the approval of
   31-9  the court under this section at any time.>
  31-10        SECTION 19.  Section 61.084, Human Resources Code, is amended
  31-11  to read as follows:
  31-12        Sec. 61.084.  TERMINATION OF CONTROL.  (a)  Except as
  31-13  provided by Subsections (b) and (c), if a person is committed to
  31-14  the commission under <a determinate sentence under> Section
  31-15  54.04(d)(3) or Section 54.05(f), Family Code, the commission may
  31-16  not discharge the person from its custody <before the person's 18th
  31-17  birthday without the approval of the juvenile court that entered
  31-18  the order of commitment>.
  31-19        (b)  The commission shall discharge without a court hearing a
  31-20  person committed to it <for a determinate sentence> under Section
  31-21  54.04(d)(3) or Section 54.05(f), Family Code, who has not been
  31-22  transferred to the Texas Department of Criminal Justice <or
  31-23  discharged> under a court order on the date that the time spent by
  31-24  the person in detention in connection with the committing case plus
  31-25  the time spent at the Texas Youth Commission under the order of
  31-26  commitment equals the period of the <determinate> sentence.
  31-27        (c)  The commission shall transfer to the institutional
   32-1  division of the Texas Department of Criminal Justice a person who
   32-2  is the subject of an order under Section 54.11(i)(2), Family Code,
   32-3  transferring the person to the custody of the institutional
   32-4  division of the Texas Department of Criminal Justice for the
   32-5  completion of the person's <determinate> sentence.
   32-6        (d)  Except as provided by Subsection (e), the <The>
   32-7  commission shall discharge from its custody a person not already
   32-8  discharged <or transferred> on the person's 21st birthday.
   32-9        (e)  The commission shall transfer a person who was sentenced
  32-10  to commitment under Section 54.04(d)(3) or 54.05(f), Family Code,
  32-11  and who has not already been discharged or transferred to the
  32-12  custody of the pardons and paroles division of the Texas Department
  32-13  of Criminal Justice on the person's 21st birthday to serve the
  32-14  remainder of the person's sentence on parole as provided by Section
  32-15  29, Article 42.18, Code of Criminal Procedure.
  32-16        SECTION 20.  Section 61.093, Human Resources Code, is amended
  32-17  by adding Subsection (c) to read as follows:
  32-18        (c)  A person who is arrested or taken into custody under
  32-19  Subsection (a) of this section may be detained in any adult
  32-20  detention facility if the person:
  32-21              (1)  is 18 years of age or older; and
  32-22              (2)  was committed to the commission under Title 3,
  32-23  Family Code.
  32-24        SECTION 21.  Section 20, Article 42.18, Code of Criminal
  32-25  Procedure, is amended to read as follows:
  32-26        Sec. 20.  INAPPLICABLE TO JUVENILES.  (a)  Except as provided
  32-27  by Subsection (b) of this section, the <The> provisions of this
   33-1  article shall not apply to parole from institutions for juveniles
   33-2  or to temporary furloughs granted to an inmate by the institutional
   33-3  division under Section 500.006, Government Code.
   33-4        (b)  The provisions of this article not in conflict with
   33-5  Section 29 of this article apply to parole of a person from the
   33-6  Texas Youth Commission under that section.
   33-7        SECTION 22.  Article 42.18, Code of Criminal Procedure, is
   33-8  amended by adding Section 29 to read as follows:
   33-9        Sec. 29.  JUVENILE PAROLE.  (a)  Not later than the 90th day
  33-10  before the date the Texas Youth Commission transfers a person to
  33-11  the custody of the pardons and paroles division for release on
  33-12  parole under Section 61.084(e), Human Resources Code, or Section
  33-13  58.08, Family Code, the commission shall submit to the board all
  33-14  pertinent information relating to the person, including:
  33-15              (1)  the juvenile court judgment, if available;
  33-16              (2)  the circumstances of the person's offense;
  33-17              (3)  the person's previous social history and juvenile
  33-18  court records;
  33-19              (4)  the person's physical and mental health record;
  33-20              (5)  a record of the person's conduct, employment
  33-21  history, and attitude while committed to the commission;
  33-22              (6)  a record of the sentence time served by the person
  33-23  at the commission; and
  33-24              (7)  any written comments or information provided by
  33-25  the commission, local officials, or victims of the offense.
  33-26        (b)  Before the release of the person on parole, a parole
  33-27  panel shall review the person's records and may interview the
   34-1  person or any other person the panel deems necessary to determine
   34-2  the conditions of parole.  The panel may impose any reasonable
   34-3  condition of parole on the person that the panel may impose on an
   34-4  adult prisoner under this article.
   34-5        (c)  The panel shall furnish the person with a contract
   34-6  clearly describing the conditions and rules of parole.  The person
   34-7  must accept and sign the contract as a precondition to release on
   34-8  parole.
   34-9        (d)  While on parole, the person remains in the legal custody
  34-10  of the state and shall comply with the conditions of parole ordered
  34-11  by a panel under this section.
  34-12        (e)  The period of parole for a person released to parole
  34-13  under this section is the maximum term for which the person was
  34-14  sentenced less calendar time actually served at the Texas Youth
  34-15  Commission.
  34-16        (f)  If a parole panel revokes the person's parole, the panel
  34-17  may require the person to serve the portion remaining of the
  34-18  person's sentence in the institutional division.  The remaining
  34-19  portion of the person's sentence is calculated without credit for
  34-20  the time from the date of the person's release to the date of
  34-21  revocation.  The panel may not recommit the person to the Texas
  34-22  Youth Commission.
  34-23        (g)  For purposes of this article, a person released from the
  34-24  Texas Youth Commission on parole under this section is deemed to
  34-25  have been convicted of the offense for which the person has been
  34-26  adjudicated.
  34-27        SECTION 23.  (a)  This Act applies only to conduct violating
   35-1  a penal law that occurs on or after the effective date of this Act.
   35-2  For purposes of this section, conduct violating a penal law occurs
   35-3  on or after the effective date of this Act if every element of the
   35-4  violation occurs on or after that date.
   35-5        (b)  Conduct violating a penal law that occurs before the
   35-6  effective date of this Act is covered by the law in effect when the
   35-7  conduct occurred, and that law is continued in effect for this
   35-8  purpose.
   35-9        SECTION 24.  This Act takes effect September 1, 1995.
  35-10        SECTION 25.  The importance of this legislation and the
  35-11  crowded condition of the calendars in both houses create an
  35-12  emergency and an imperative public necessity that the
  35-13  constitutional rule requiring bills to be read on three several
  35-14  days in each house be suspended, and this rule is hereby suspended.