CJ H.B. 1466 75(R)    BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 1466
By: Puente
April 4, 1997
Committee Report (Amended)

BACKGROUND

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. 

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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 54.04, Family Code by amending subsection (l)
and adding subsection (p) as follows: 

Currently, subsection (l) provides that a court or jury may place a child
on probation, and extend that probation for any period of time, except
that the probation may not continue on or after the child's 18th birthday.
Subsection (l) is amended to provide an exception for subsection (p) as
added by this Act. 

Subsection (p) provides that a court or jury may place a child on
probation under subsection (d)(1) of Section 54.04 as an alternative to
making a disposition under subsection (d)(3) (determinate sentence
disposition) for a period that may continue on or after the child's 18th
birthday.  In addition, the court may, before a sentence of probation
ends, extend the probationary period to continue on or after the child's
18th birthday.  A sentence of probation and any extension of that
probation may not exceed 10 years.   

SECTION 2.  Amends Subchapter E, Chapter 61, Human Resources Code, to add
Section 61.0795 as follows: 

Subsection (a) provides that a juvenile court that places a child on
probation as an alternative to making a disposition under Section
54.04(d)(3) of the Family Code waives its exclusive jurisdiction and
transfers the child to an appropriate district court after the child
becomes 17 years of age but before the child becomes 18 years of age, if
the probation will continue on or after the child's 18th birthday. 

Subsection (b) provides that a district court that exercises jurisdiction
over a child transferred under subsection (a) will place the child on
community supervision under Article 42.12, Code of Criminal Procedure, for
the remainder of the probationary period and under conditions consistent
with those ordered by the juvenile court. 


SECTION 3.  (a) The change in law made by this Act only applies to conduct
that occurs on or after the effective date.  Conduct occurs on or after
the effective date if each element of the violation occurs on or after
that date. 
(b) Conduct that occurs before the effective date is covered by law in
effect at the time the conduct occurred. 

SECTION 4.  Takes effect September 1, 1997.

SECTION 5.  Emergency Clause.   

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 allows probation for children adjudicated for
habitual felony conduct in accordance with Sec.54.04(m). 

Adds conforming language in Sec 61.0795.

Removes requirement for hearing.

Adds conforming language in Section 54.05.