By Shapiro S.B. No. 687
75R6614 JBN-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of certain juveniles who unlawfully
1-3 possess a weapon or use a weapon in conduct that constitutes an
1-4 offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.04, Family Code, is amended by
1-7 amending Subsection (d) and adding Subsection (p) to read as
1-8 follows:
1-9 (d) If the court or jury makes the finding specified in
1-10 Subsection (c) [of this section] allowing the court to make a
1-11 disposition in the case:
1-12 (1) the court or jury may, in addition to any order
1-13 required or authorized under Subsection (p) or Section 54.041 or
1-14 54.042 [of this code], place the child on probation on such
1-15 reasonable and lawful terms as the court may determine:
1-16 (A) in his own home or in the custody of a
1-17 relative or other fit person;
1-18 (B) subject to the finding under Subsection (c)
1-19 [of this section] on the placement of the child outside the child's
1-20 home and subject to an order under Subsection (p), in:
1-21 (i) a suitable foster home; or
1-22 (ii) a suitable public or private
1-23 institution or agency, except the Texas Youth Commission; or
1-24 (C) after an adjudication that the child engaged
2-1 in delinquent conduct and subject to the finding under Subsection
2-2 (c) on the placement of the child outside the child's home, in an
2-3 intermediate sanction facility operated under Chapter 61, Human
2-4 Resources Code;
2-5 (2) if the court or jury found at the conclusion of
2-6 the adjudication hearing that the child engaged in delinquent
2-7 conduct and if the petition was not approved by the grand jury
2-8 under Section 53.045 of this code, the court may commit the child
2-9 to the Texas Youth Commission without a determinate sentence;
2-10 (3) if the court or jury found at the conclusion of
2-11 the adjudication hearing that the child engaged in delinquent
2-12 conduct that included a violation of a penal law listed in Section
2-13 53.045(a) of this code and if the petition was approved by the
2-14 grand jury under Section 53.045 of this code, the court or jury may
2-15 sentence the child to commitment in the Texas Youth Commission with
2-16 a possible transfer to the institutional division or the pardons
2-17 and paroles division of the Texas Department of Criminal Justice
2-18 for a term of:
2-19 (A) not more than 40 years if the conduct
2-20 constitutes:
2-21 (i) a capital felony;
2-22 (ii) a felony of the first degree; or
2-23 (iii) an aggravated controlled substance
2-24 felony;
2-25 (B) not more than 20 years if the conduct
2-26 constitutes a felony of the second degree; or
2-27 (C) not more than 10 years if the conduct
3-1 constitutes a felony of the third degree;
3-2 (4) subject to an order made under Subsection (p), the
3-3 court may assign the child an appropriate sanction level and
3-4 sanctions as provided by the assignment guidelines in Section
3-5 59.003; or
3-6 (5) if applicable, the court or jury may make a
3-7 disposition under Subsection (m) of this section.
3-8 (p) If the child is adjudicated to have engaged in conduct
3-9 described by Chapter 46, Penal Code, or if at the adjudication
3-10 hearing the court or jury affirmatively finds that the child
3-11 engaged in delinquent conduct in which the child used or possessed
3-12 a firearm, club, illegal knife, explosive weapon, or hoax bomb, as
3-13 defined by Section 46.01, Penal Code, in conduct that constitutes a
3-14 violation of a penal law, the court shall order the child to be
3-15 confined for 90 days to a juvenile detention facility designated by
3-16 the court. This subsection does not apply to a child whose
3-17 disposition is made under Subsection (d)(1)(C), (d)(2), (d)(3), or
3-18 (m).
3-19 SECTION 2. (a) This Act applies only to the disposition of
3-20 a child under Section 54.04, Family Code, for conduct that occurs
3-21 on or after the effective date of this Act. The disposition of a
3-22 child under that section for conduct that occurred before the
3-23 effective date of this Act is governed by the law in effect
3-24 immediately before the effective date of this Act, and that law
3-25 continues in effect for those dispositions.
3-26 (b) Conduct occurs before the effective date of this Act if
3-27 any conduct that constitutes an element of the offense for which a
4-1 child is adjudicated as a delinquent child or a child in need of
4-2 supervision occurred before the effective date of this Act.
4-3 SECTION 3. This Act takes effect September 1, 1997.
4-4 SECTION 4. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.