By Puente H.B. No. 1466
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to adjudication of a child for engaging in delinquent
1-3 conduct or conduct indicating a need for supervision, probation
1-4 ordered for certain delinquent conduct, and the waiver and transfer
1-5 of jurisdiction by a juvenile court.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 54.03(a), Family Code, is amended to read
1-8 as follows:
1-9 (a) A child may be found to have engaged in delinquent
1-10 conduct or conduct indicating a need for supervision by entering a
1-11 plea of true to the petition in open court. If the child chooses
1-12 not to enter a plea of true, the child may be found to have engaged
1-13 in delinquent conduct or conduct indicating a need for supervision
1-14 only after an adjudication hearing conducted in accordance with the
1-15 provisions of this section.
1-16 SECTION 2. Section 54.04, Family Code, is amended by
1-17 amending Subsection (l) and adding Subsection (p) to read as
1-18 follows:
1-19 (l) Except as provided by Subsection (p), a [A] court or
1-20 jury may place a child on probation under Subsection (d)(1) [of
1-21 this section] for any period, except that probation may not
1-22 continue on or after the child's 18th birthday. Except as provided
1-23 by Subsection (p), the [The] court may, before the period of
1-24 probation ends, extend the probation for any period, except that
2-1 the probation may not extend to or after the child's 18th birthday.
2-2 (p) A court or jury may place a child on probation under
2-3 Subsection (d)(1) as an alternative to making a disposition under
2-4 Subsection (d)(3) or Subsection (m) for a period that may continue
2-5 on or after the child's 18th birthday. The court may, before the
2-6 sentence of probation ends, extend the probationary period to
2-7 continue on or after the child's 18th birthday. A sentence of
2-8 probation ordered under this subsection and any extension of
2-9 probation ordered under Section 54.05(a) may not exceed 10 years.
2-10 SECTION 3. Subchapter E, Chapter 61, Human Resources Code,
2-11 is amended by adding Section 61.0795 to read as follows:
2-12 Sec. 61.0795. TRANSFER OF VIOLENT AND HABITUAL OFFENDERS
2-13 PLACED ON PROBATION. (a) A juvenile court that places a child on
2-14 probation under Section 54.04(d)(1), Family Code, as an alternative
2-15 to making a disposition under Section 54.04(d)(3) or Section
2-16 54.04(m), Family Code, shall without a hearing waive its exclusive
2-17 jurisdiction and transfer the child to an appropriate district
2-18 court after the child becomes 17 years of age but before the child
2-19 becomes 18 years of age if the probation will continue on or after
2-20 the child's 18th birthday.
2-21 (b) A district court that exercises jurisdiction over a
2-22 child transferred under Subsection (a) shall place the child on
2-23 community supervision under Article 42.12, Code of Criminal
2-24 Procedure, for the remainder of the child's probationary period and
2-25 under conditions consistent with those ordered by the juvenile
2-26 court.
2-27 SECTION 4. Section 54.05(b), Family Code, is amended to read
3-1 as follows:
3-2 (b) Except for a commitment to the Texas Youth Commission
3-3 and except as provided by Section 54.04(p), all dispositions
3-4 automatically terminate when the child reaches his 18th birthday.
3-5 SECTION 5. (a) The change in law made by this Act applies
3-6 only to conduct that occurs on or after the effective date of this
3-7 Act. Conduct violating a penal law of the state occurs on or after
3-8 the effective date of this Act if each element of the violation
3-9 occurs on or after that date.
3-10 (b) Conduct that occurs before the effective date of this
3-11 Act is covered by the law in effect at the time the conduct
3-12 occurred, and the former law is continued in effect for that
3-13 purpose.
3-14 SECTION 6. This Act takes effect September 1, 1997.
3-15 SECTION 7. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.