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.