By Longoria H.B. No. 196
76R948 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that certain juvenile offenders
1-3 participate in youth boot camp programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.13(d), Family Code, is amended to read
1-6 as follows:
1-7 (d) An adjudication under Section 54.03 that a child engaged
1-8 in conduct that occurred on or after January 1, 1996, and that
1-9 constitutes a felony offense resulting in commitment to the Texas
1-10 Youth Commission under Section 54.04(d)(3), (d)(4) [54.04(d)(2),
1-11 (d)(3)], or (m) or 54.05(f) is a final felony conviction only for
1-12 the purposes of Sections 12.42(a)-(c) and (e), Penal Code.
1-13 SECTION 2. Sections 54.04(a), (d), (g), (k), (l), and (m),
1-14 Family Code, are amended to read as follows:
1-15 (a) The disposition hearing shall be separate, distinct, and
1-16 subsequent to the adjudication hearing. There is no right to a
1-17 jury at the disposition hearing unless the child is in jeopardy of
1-18 a determinate sentence under Subsection (d)(4) [(d)(3)] or (m) [of
1-19 this section], in which case, the child is entitled to a jury of 12
1-20 persons to determine the sentence.
1-21 (d) If the court or jury makes the finding specified in
1-22 Subsection (c) allowing the court to make a disposition in the
1-23 case:
1-24 (1) the court or jury may, in addition to any order
2-1 required or authorized under Section 54.041 or 54.042, place the
2-2 child on probation on such reasonable and lawful terms as the court
2-3 may determine:
2-4 (A) in the child's [his] own home or in the
2-5 custody of a relative or other fit person; or
2-6 (B) subject to the finding under Subsection (c)
2-7 on the placement of the child outside the child's home, in:
2-8 (i) a suitable foster home; or
2-9 (ii) a suitable public or private
2-10 institution or agency, except the Texas Youth Commission;
2-11 (2) the court or jury may, in addition to any order
2-12 required or authorized under Section 54.041 or 54.042 and, on terms
2-13 the court may determine are reasonable, place the child on
2-14 probation in a youth boot camp program operated under Section
2-15 61.101 or Chapter 141, Human Resources Code, if:
2-16 (A) the child has been adjudicated for engaging
2-17 in delinquent conduct; and
2-18 (B) a finding has been made under Subsection (c)
2-19 on the placement of the child outside the child's home;
2-20 (3) if the court or jury found at the conclusion of
2-21 the adjudication hearing that the child engaged in delinquent
2-22 conduct and if the petition was not approved by the grand jury
2-23 under Section 53.045, the court may commit the child to the Texas
2-24 Youth Commission without a determinate sentence;
2-25 (4) [(3)] if the court or jury found at the conclusion
2-26 of the adjudication hearing that the child engaged in delinquent
2-27 conduct that included a violation of a penal law listed in Section
3-1 53.045(a) and if the petition was approved by the grand jury under
3-2 Section 53.045, the court or jury may sentence the child to
3-3 commitment in the Texas Youth Commission with a possible transfer
3-4 to the institutional division or the pardons and paroles division
3-5 of the Texas Department of Criminal Justice for a term of:
3-6 (A) not more than 40 years if the conduct
3-7 constitutes:
3-8 (i) a capital felony;
3-9 (ii) a felony of the first degree; or
3-10 (iii) an aggravated controlled substance
3-11 felony;
3-12 (B) not more than 20 years if the conduct
3-13 constitutes a felony of the second degree; or
3-14 (C) not more than 10 years if the conduct
3-15 constitutes a felony of the third degree;
3-16 (5) [(4)] the court may assign the child an
3-17 appropriate sanction level and sanctions as provided by the
3-18 assignment guidelines in Section 59.003; [or]
3-19 (6) [(5)] if applicable, the court or jury may make a
3-20 disposition under Subsection (m); or
3-21 (7) the court shall place the child in a youth boot
3-22 camp program operated under Section 61.101 or Chapter 141, Human
3-23 Resources Code, if the court or jury found at the conclusion of the
3-24 adjudication hearing that the child:
3-25 (A) engaged in conduct constituting a
3-26 misdemeanor punishable by confinement in jail;
3-27 (B) has on at least one previous occasion been
4-1 finally adjudicated for conduct constituting a misdemeanor
4-2 punishable by confinement in jail;
4-3 (C) has not been placed in a youth boot camp
4-4 program in the two years preceding the date the alleged conduct
4-5 occurred; and
4-6 (D) can reasonably be expected, as determined by
4-7 the court, to complete a program at a youth boot camp.
4-8 (g) If the court orders a disposition under Subsection
4-9 (d)(4) [(d)(3)] or (m) [of this section] and there is an
4-10 affirmative finding that the defendant used or exhibited a deadly
4-11 weapon during the commission of the conduct or during immediate
4-12 flight from commission of the conduct, the court shall enter the
4-13 finding in the order. If there is an affirmative finding that the
4-14 deadly weapon was a firearm, the court shall enter that finding in
4-15 the order.
4-16 (k) Except as provided by Subsection (m), the period to
4-17 which a court or jury may sentence a person to commitment to the
4-18 Texas Youth Commission with a transfer to the Texas Department of
4-19 Criminal Justice under Subsection (d)(4) [(d)(3) of this section]
4-20 applies without regard to whether the person has previously been
4-21 adjudicated as having engaged in delinquent conduct.
4-22 (l) A court or jury may place a child on probation under
4-23 Subsection (d)(1) or (d)(2) [of this section] for any period,
4-24 except that probation may not continue on or after the child's 18th
4-25 birthday. The court may, before the period of probation ends,
4-26 extend the probation for any period, except that the probation may
4-27 not extend to or after the child's 18th birthday.
5-1 (m) The court or jury may sentence a child adjudicated for
5-2 habitual felony conduct as described by Section 51.031 to a term
5-3 prescribed by Subsection (d)(4) [(d)(3)] and applicable to the
5-4 conduct adjudicated in the pending case if:
5-5 (1) a petition was filed and approved by a grand jury
5-6 under Section 53.045 alleging that the child engaged in habitual
5-7 felony conduct; and
5-8 (2) the court or jury finds beyond a reasonable doubt
5-9 that the allegation described by Subdivision (1) in the grand jury
5-10 petition is true.
5-11 SECTION 3. Section 54.05(f), Family Code, is amended to read
5-12 as follows:
5-13 (f) A disposition based on a finding that the child engaged
5-14 in delinquent conduct may be modified so as to commit the child to
5-15 the Texas Youth Commission if the court after a hearing to modify
5-16 disposition finds by a preponderance of the evidence that the child
5-17 violated a reasonable and lawful order of the court. A disposition
5-18 based on a finding that the child engaged in habitual felony
5-19 conduct as described by Section 51.031 [of this code] or in
5-20 delinquent conduct that included a violation of a penal law listed
5-21 in Section 53.045(a) [of this code] may be modified to commit the
5-22 child to the Texas Youth Commission with a possible transfer to the
5-23 institutional division or the pardons and paroles division of the
5-24 Texas Department of Criminal Justice for a definite term prescribed
5-25 by Section 54.04(d)(4) [54.04(d)(3) of this code] if the original
5-26 petition was approved by the grand jury under Section 53.045 [of
5-27 this code] and if after a hearing to modify the disposition the
6-1 court or jury finds that the child violated a reasonable and lawful
6-2 order of the court.
6-3 SECTION 4. Section 54.061(a), Family Code, is amended to
6-4 read as follows:
6-5 (a) If a child is placed on probation under Section
6-6 54.04(d)(1) or (d)(2) [of this code], the juvenile court, after
6-7 giving the child, parent, or other person responsible for the
6-8 child's support a reasonable opportunity to be heard, shall order
6-9 the child, parent, or other person, if financially able to do so,
6-10 to pay to the court a fee of not more than $15 a month during the
6-11 period that the child continues on probation.
6-12 SECTION 5. Section 54.11(a), Family Code, is amended to read
6-13 as follows:
6-14 (a) On receipt of a referral under Section 61.079(a), Human
6-15 Resources Code, for the transfer to the institutional division of
6-16 the Texas Department of Criminal Justice of a person committed to
6-17 the Texas Youth Commission under Section 54.04(d)(4) [54.04(d)(3)],
6-18 54.04(m), or 54.05(f), or on receipt of a request by the commission
6-19 under Section 61.081(g), Human Resources Code, for approval of the
6-20 release under supervision of a person committed to the commission
6-21 under Section 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), the
6-22 court shall set a time and place for a hearing on the release of
6-23 the person.
6-24 SECTION 6. Section 59.010(a), Family Code, is amended to
6-25 read as follows:
6-26 (a) For a child at sanction level seven, the juvenile court
6-27 may certify and transfer the child under Section 54.02 or sentence
7-1 the child to commitment to the Texas Youth Commission under Section
7-2 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f). The commission
7-3 may:
7-4 (1) require the child to participate in a highly
7-5 structured residential program that emphasizes discipline,
7-6 accountability, fitness, training, and productive work for not less
7-7 than 12 months or more than 10 years unless the commission extends
7-8 the period and the reason for the extension is documented;
7-9 (2) require the child to make restitution to the
7-10 victim of the child's conduct or perform community service
7-11 restitution appropriate to the nature and degree of harm caused and
7-12 according to the child's ability, if there is a victim of the
7-13 child's conduct;
7-14 (3) require the child and the child's parents or
7-15 guardians to participate in programs and services for their
7-16 particular needs and circumstances; and
7-17 (4) impose any other appropriate sanction.
7-18 SECTION 7. Section 61.077(b), Human Resources Code, is
7-19 amended to read as follows:
7-20 (b) Unless a child is committed to the commission under a
7-21 determinate sentence under Section 54.04(d)(4) [54.04(d)(3)],
7-22 54.04(m), or 54.05(f), Family Code, the commission shall discharge
7-23 a child who is mentally ill or mentally retarded from its custody
7-24 if:
7-25 (1) the child has completed the minimum length of stay
7-26 for the child's committing offense; and
7-27 (2) the commission determines that the child is unable
8-1 to progress in the commission's rehabilitation programs because of
8-2 the child's mental illness or mental retardation.
8-3 SECTION 8. Section 61.079(a), Human Resources Code, is
8-4 amended to read as follows:
8-5 (a) After a child sentenced to commitment under Section
8-6 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code,
8-7 becomes 16 years of age but before the child becomes 21 years of
8-8 age, the commission may refer the child to the juvenile court that
8-9 entered the order of commitment for approval of the child's
8-10 transfer to the institutional division of the Texas Department of
8-11 Criminal Justice if:
8-12 (1) the child has not completed the sentence; and
8-13 (2) the child's conduct, regardless of whether the
8-14 child was released under supervision under Section 61.081,
8-15 indicates that the welfare of the community requires the transfer.
8-16 SECTION 9. Section 61.081(f), Human Resources Code, is
8-17 amended to read as follows:
8-18 (f) If a child is committed to the commission under a
8-19 determinate sentence under Section 54.04(d)(4) [54.04(d)(3)],
8-20 Section 54.04(m), or Section 54.05(f), Family Code, the commission
8-21 may not release the child under supervision without approval of the
8-22 juvenile court that entered the order of commitment unless the
8-23 child has served at least:
8-24 (1) 10 years, if the child was sentenced to commitment
8-25 for conduct constituting capital murder;
8-26 (2) 3 years, if the child was sentenced to commitment
8-27 for conduct constituting an aggravated controlled substance felony
9-1 or a felony of the first degree;
9-2 (3) 2 years, if the child was sentenced to commitment
9-3 for conduct constituting a felony of the second degree; or
9-4 (4) 1 year, if the child was sentenced to commitment
9-5 for conduct constituting a felony of the third degree.
9-6 SECTION 10. Sections 61.084(a), (b), (d), (f), and (g),
9-7 Human Resources Code, are amended to read as follows:
9-8 (a) Except as provided by Subsections (b) and (c), if a
9-9 person is committed to the commission under a determinate sentence
9-10 under Section 54.04(d)(4) [54.04(d)(3)], Section 54.04(m), or
9-11 Section 54.05(f), Family Code, the commission may not discharge the
9-12 person from its custody.
9-13 (b) The commission shall discharge without a court hearing a
9-14 person committed to it for a determinate sentence under Section
9-15 54.04(d)(4) [54.04(d)(3)], Section 54.04(m), or Section 54.05(f),
9-16 Family Code, who has not been transferred to the institutional
9-17 division of the Texas Department of Criminal Justice under a court
9-18 order on the date that the time spent by the person in detention in
9-19 connection with the committing case plus the time spent at the
9-20 Texas Youth Commission under the order of commitment equals the
9-21 period of the sentence.
9-22 (d) The commission shall transfer a person sentenced under a
9-23 determinate sentence to commitment under Section 54.04(d)(4)
9-24 [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code, for delinquent
9-25 conduct constituting the offense of capital murder to the
9-26 institutional division of the Texas Department of Criminal Justice
9-27 on the person's 21st birthday to serve the remainder of the
10-1 sentence if the person has not:
10-2 (1) served at least 10 years of the person's sentence;
10-3 or
10-4 (2) been transferred or released under supervision by
10-5 court order.
10-6 (f) The commission shall transfer a person who has been
10-7 sentenced under a determinate sentence to commitment under Section
10-8 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code, or
10-9 who has been returned to the commission under Section 54.11(i)(1),
10-10 Family Code, to the custody of the pardons and paroles division of
10-11 the Texas Department of Criminal Justice to serve the remainder of
10-12 the person's sentence on parole as provided by Section 508.156,
10-13 Government Code, when the person is released under supervision
10-14 after becoming 19 years of age.
10-15 (g) The commission shall transfer a person who has been
10-16 sentenced under a determinate sentence to commitment under Section
10-17 54.04(d)(4) [54.04(d)(3)], 54.04(m), or 54.05(f), Family Code, or
10-18 who has been returned to the commission under Section 54.11(i)(1),
10-19 Family Code, to the custody of the pardons and paroles division of
10-20 the Texas Department of Criminal Justice on the person's 21st
10-21 birthday, if the person has not already been discharged or
10-22 transferred, to serve the remainder of the person's sentence on
10-23 parole as provided by Section 508.156, Government Code.
10-24 SECTION 11. Section 141.0432(b), Human Resources Code, is
10-25 amended to read as follows:
10-26 (b) The commission, local juvenile boards, and local
10-27 juvenile probation departments may work together to develop a
11-1 program of moral, academic, vocational, physical, and correctional
11-2 training and military-style discipline for children placed in youth
11-3 boot camps on probation under Section 54.04(d)(2) [54.04(d)(1)(B)],
11-4 Family Code, or as a disposition under Section 54.04(d)(7), Family
11-5 Code, or for violating the conditions of probation as determined
11-6 under Section 54.05(f), Family Code, including follow-up programs
11-7 to aid successful community reintegration.
11-8 SECTION 12. Sections 142.004(a) and (c), Human Resources
11-9 Code, are amended to read as follows:
11-10 (a) A juvenile probation officer or an employee of a
11-11 juvenile probation community service restitution program is not
11-12 liable for damages arising from an act or failure to act in
11-13 connection with manual labor performed by a child who has been
11-14 placed on informal adjustment or who has been adjudicated a
11-15 delinquent child or a child in need of supervision and the labor
11-16 was performed as a condition to probation ordered under Section
11-17 54.04(d)(2) [54.04(d)(1)], Family Code, or as a disposition under
11-18 Section 54.04(d)(7), Family Code, and the act or failure to act was
11-19 not intentional, wilfully or wantonly negligent, or performed with
11-20 conscious indifference or reckless disregard for the safety of
11-21 others.
11-22 (c) A juvenile probation officer or an employee of a
11-23 juvenile probation community service restitution program is not
11-24 liable for damages arising from an act or failure to act by a
11-25 juvenile probation officer or an employee of a juvenile probation
11-26 community service restitution program in connection with manual
11-27 labor performed as a condition of probation ordered under Section
12-1 54.04(d)(2) [54.04(d)(1)], Family Code, or as a disposition under
12-2 Section 54.04(d)(7), Family Code, if the act or failure to act:
12-3 (1) was performed in an official capacity; and
12-4 (2) was not intentional, wilfully or wantonly
12-5 negligent, or performed with conscious indifference or reckless
12-6 disregard for the safety of others.
12-7 SECTION 13. Section 12.42(f), Penal Code, is amended to read
12-8 as follows:
12-9 (f) For the purposes of Subsections (a)-(c) and (e), an
12-10 adjudication by a juvenile court under Section 54.03, Family Code,
12-11 that a child engaged in delinquent conduct constituting a felony
12-12 offense for which the child is committed to the Texas Youth
12-13 Commission under Section 54.04(d)(3), (d)(4) [54.04(d)(2), (d)(3)],
12-14 or (m), Family Code, or Section 54.05(f), Family Code, is a final
12-15 felony conviction.
12-16 SECTION 14. Section 171.681, Tax Code, is amended to read as
12-17 follows:
12-18 Sec. 171.681. DEFINITIONS. In this subchapter:
12-19 (1) "Commission" means the Texas Youth Commission.
12-20 (2) "Eligible child" means a person who:
12-21 (A) is committed to the commission under Title
12-22 3, Family Code, other than a commitment under a determinate
12-23 sentence under Section 54.04(d)(4) [54.04(d)(3)], 54.04(m), or
12-24 54.05(f), Family Code; and
12-25 (B) resides at a facility of the commission.
12-26 SECTION 15. (a) The change in law made by this Act applies
12-27 only to conduct that occurs on or after the effective date of this
13-1 Act. Conduct violating a penal law of the state occurs on or after
13-2 the effective date of this Act if every element of the violation
13-3 occurs on or after that date.
13-4 (b) Conduct that occurs before the effective date of this
13-5 Act is covered by the law in effect at the time the conduct
13-6 occurred, and the former law is continued in effect for that
13-7 purpose.
13-8 SECTION 16. This Act takes effect September 1, 1999.
13-9 SECTION 17. The importance of this legislation and the
13-10 crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended.