By Tillery H.B. No. 390
76R2483 DAK-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 firearm.
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 (d) and adding Subsection (q) to read as
1-7 follows:
1-8 (d) If the court or jury makes the finding specified in
1-9 Subsection (c) allowing the court to make a disposition in the
1-10 case:
1-11 (1) the court or jury may, in addition to any order
1-12 required or authorized under Subsection (q) or Section 54.041 or
1-13 54.042, place the child on probation on such reasonable and lawful
1-14 terms as the court may determine:
1-15 (A) in the child's [his] own home or in the
1-16 custody of a relative or other fit person; or
1-17 (B) subject to the finding under Subsection (c)
1-18 on the placement of the child outside the child's home and subject
1-19 to an order under Subsection (q), in:
1-20 (i) a suitable foster home; or
1-21 (ii) a suitable public or private
1-22 institution or agency, except the Texas Youth Commission;
1-23 (2) if the court or jury found at the conclusion of
1-24 the adjudication hearing that the child engaged in delinquent
2-1 conduct and if the petition was not approved by the grand jury
2-2 under Section 53.045, the court may commit the child to the Texas
2-3 Youth Commission without a determinate sentence;
2-4 (3) if the court or jury found at the conclusion of
2-5 the adjudication hearing that the child engaged in delinquent
2-6 conduct that included a violation of a penal law listed in Section
2-7 53.045(a) and if the petition was approved by the grand jury under
2-8 Section 53.045, the court or jury may sentence the child to
2-9 commitment in the Texas Youth Commission with a possible transfer
2-10 to the institutional division or the pardons and paroles division
2-11 of the Texas Department of Criminal Justice for a term of:
2-12 (A) not more than 40 years if the conduct
2-13 constitutes:
2-14 (i) a capital felony;
2-15 (ii) a felony of the first degree; or
2-16 (iii) an aggravated controlled substance
2-17 felony;
2-18 (B) not more than 20 years if the conduct
2-19 constitutes a felony of the second degree; or
2-20 (C) not more than 10 years if the conduct
2-21 constitutes a felony of the third degree;
2-22 (4) subject to an order under Subsection (q), the
2-23 court may assign the child an appropriate sanction level and
2-24 sanctions as provided by the assignment guidelines in Section
2-25 59.003; or
2-26 (5) if applicable, the court or jury may make a
2-27 disposition under Subsection (m).
3-1 (q) If the child is adjudicated to have engaged in conduct
3-2 described by Section 46.02 or 46.03, Penal Code, and that conduct
3-3 includes the possession of a firearm, the court shall order the
3-4 child to be confined for 60 days to a juvenile detention facility
3-5 designated by the court. This subsection does not apply to a child
3-6 whose disposition is made under Subsection (d)(2), (d)(3), or (m).
3-7 SECTION 2. (a) The change in law made by this Act applies
3-8 only to the disposition of a child under Section 54.04, Family
3-9 Code, for conduct that occurs on or after the effective date of
3-10 this Act. Conduct violating a penal law of the state occurs on or
3-11 after the effective date of this Act if each element of the
3-12 violation occurs on or after that date.
3-13 (b) The disposition of a child under Section 54.04, Family
3-14 Code, for conduct that occurred before the effective date of this
3-15 Act is governed by the law in effect at the time the conduct
3-16 occurred, and the former law is continued in effect for that
3-17 purpose.
3-18 SECTION 3. This Act takes effect September 1, 1999.
3-19 SECTION 4. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.