SRC-HRD H.B. 1466 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1466
By: Puente (Harris)
Criminal Justice
5-13-97
Engrossed


DIGEST 

Under current law, the Texas Family Code provides that a child may be
placed on probation for any period, except that the probation may not
continue on or after the child's 18th birthday. Therefore, a judge or jury
may not place a child on probation past his 18th birthday in a determinate
sentencing case.  A determinate sentencing case is one in which a child is
adjudicated for delinquent conduct as described in Section 53.045(a) of
the Family Code and is sentenced to commitment in the Texas Youth
Commission with a possible transfer to the institutional division or the
pardons and paroles division of the Texas Department of Criminal Justice.
Extending the term of probation in a determinate sentencing case would
give the judge and jury greater control and flexibility in disposition.    

H.B. 1466 would provide that a court or jury may place a child on
probation as an alternative to making a determinate sentence disposition
for a period that may continue on or after the child's 18th birthday, but
not to exceed 10 years.  After the child becomes 17 but before the child's
18th birthday, the juvenile court would transfer the child to an
appropriate district court for placement on adult community supervision
for the remainder of the probationary period.                              

PURPOSE

As proposed, H.B. 1466 provides that a court or jury may place a child on
probation as an alternative to making a determinate sentence disposition
for a period that may continue on or after the child's 18th birthday, but
not to exceed 10 years.  After the child becomes 17 but before the child's
18th birthday, the juvenile court will transfer the child to an
appropriate district court for placement on adult community supervision
for the remainder of the probationary period.                              

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 54.03(a), Family Code, to authorize a child to
be found to have engaged in delinquent conduct or conduct indicating a
need for supervision by entering a plea of true to the petition in the
open court.  Authorizes the child to be found to have engaged in
delinquent conduct or conduct indicating a need for supervision, if the
child chooses not to enter a plea of true, only after an adjudication
hearing conducted in accordance with the provisions of this section. 

SECTION 2. Amends Section 54.04, Family Code, by amending Subsection (l)
and adding Subsection (p), to authorize a court or jury to place a child
on probation under Subsection (d)(1) as an alternative to making a
disposition under Subsection (d)(3) or Subsection (m) for a period that
may continue on or after the child's 18th birthday.  Authorizes the court,
before the sentence of probation ends, to extend the probationary period
to continue on or after the child's 18th birthday. Prohibits a sentence of
probation ordered under this subsection and any extension of probation
ordered under this subsection and any extension of probation ordered under
Section 54.05(a), from exceeding 10 years.  Makes conforming and
nonsubstantive changes. 

SECTION 3. Amends Chapter 61E, Human Resources Code, by adding Section
61.0795, as follows: 
 
Sec. 61.0795.  TRANSFER OF VIOLENT AND HABITUAL OFFENDERS PLACED ON
PROBATION.  Sets forth requirements for a juvenile court that places a
child on probation under Section 54.04(d)(1), Family Code, as an
alternative to making a disposition under Section 54.04(d)(3) or Section
54.04(m), Family Code.  Sets forth requirements regarding a district court
that exercises jurisdiction over a child transferred under Subsection (a). 

SECTION 4. Amends Section 54.05(b), Family Code, to set forth an exception.

SECTION 5. Makes application of this Act prospective.

SECTION 6. Effective date: September 1, 1997.

SECTION 7. Emergency clause.