By Puente                                       H.B. No. 1466

      75R1137 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the probation ordered for certain delinquent conduct

 1-3     and the waiver and transfer of jurisdiction by a juvenile court.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 54.04, Family Code, is amended by

 1-6     amending Subsection (l) and adding Subsection (p) to read as

 1-7     follows:

 1-8           (l)  Except as provided by Subsection (p), a [A] court or

 1-9     jury may place a child on probation under Subsection (d)(1) [of

1-10     this section] for any period, except that probation may not

1-11     continue on or after the child's 18th birthday.  Except as provided

1-12     by Subsection (p), the [The] court may, before the period of

1-13     probation ends, extend the  probation for any period, except that

1-14     the probation may not extend to or after the child's 18th birthday.

1-15           (p)  A court or jury may place a child on probation under

1-16     Subsection (d)(1) as an alternative to making a disposition under

1-17     Subsection (d)(3) for a period that may continue on or after the

1-18     child's 18th birthday.  The court may, before the sentence of

1-19     probation ends, extend the probationary period  to continue on or

1-20     after the child's 18th birthday.  A sentence of probation ordered

1-21     under this subsection and any extension of probation ordered under

1-22     Section 54.05(a) may not exceed 10 years.

1-23           SECTION 2.  Subchapter E, Chapter 61, Human Resources Code,

1-24     is amended by adding Section 61.0795 to read as follows:

 2-1           Sec. 61.0795.  TRANSFER OF VIOLENT AND HABITUAL OFFENDERS

 2-2     PLACED ON PROBATION.  (a)  A juvenile court that places a child on

 2-3     probation under Section 54.04(d)(1), Family Code, as an alternative

 2-4     to making a disposition under Section 54.04(d)(3), Family Code,

 2-5     shall waive its exclusive jurisdiction and transfer the child to an

 2-6     appropriate district court after the child becomes 17 years of age

 2-7     but before the child becomes 18 years of age if the probation will

 2-8     continue on or after the child's 18th birthday.

 2-9           (b)  A district court that exercises jurisdiction over a

2-10     child transferred under Subsection (a) shall place the child on

2-11     community supervision under Article 42.12, Code of Criminal

2-12     Procedure, for the remainder of the child's probationary period and

2-13     under conditions consistent with those ordered by the juvenile

2-14     court.

2-15           SECTION 3.  (a)  The change in law made by this Act applies

2-16     only to conduct that occurs on or after the effective date of this

2-17     Act.  Conduct violating a penal law of the state occurs on or after

2-18     the effective date of this Act if each element of the violation

2-19     occurs on or after that date.

2-20           (b)  Conduct that occurs before the effective date of this

2-21     Act is covered by the law in effect at the time the conduct

2-22     occurred, and the former law is continued in effect for that

2-23     purpose.

2-24           SECTION 4.  This Act takes effect September 1, 1997.

2-25           SECTION 5.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

 3-1     constitutional rule requiring bills to be read on three several

 3-2     days in each house be suspended, and this rule is hereby suspended.