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.