76R11361 JMC-D
By Puente H.B. No. 1403
Substitute the following for H.B. No. 1403:
By Pickett C.S.H.B. No. 1403
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the probation ordered for certain delinquent conduct
1-3 and the 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 (q) to read as
1-7 follows:
1-8 (l) Except as provided by Subsection (q), 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 (q), 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 (q) If a court or jury sentences a child to commitment in
1-16 the Texas Youth Commission under Subsection (d)(3) for a term of
1-17 not more than 10 years, the court or jury may place the child on
1-18 probation under Subsection (d)(1) as an alternative to making the
1-19 disposition under Subsection (d)(3). The court shall prescribe the
1-20 period of probation ordered under this subsection for a term of not
1-21 more than 10 years. The court may, before the sentence of
1-22 probation expires, extend the probationary period under Section
1-23 54.05, except that the sentence of probation and any extension may
1-24 not exceed 10 years. The court may, before the child's 18th
2-1 birthday, discharge the child from the sentence of probation. If a
2-2 sentence of probation ordered under this subsection and any
2-3 extension of probation ordered under Section 54.05 will continue
2-4 after the child's 18th birthday, the court shall discharge the
2-5 child from the sentence of probation on the child's 18th birthday
2-6 unless the court transfers the child to an appropriate district
2-7 court under Section 54.051.
2-8 SECTION 2. Section 54.05, Family Code, is amended by
2-9 amending Subsections (f)-(h) and adding Subsection (j) to read as
2-10 follows:
2-11 (f) Except as provided by Subsection (j), a [A] disposition
2-12 based on a finding that the child engaged in delinquent conduct may
2-13 be modified so as to commit the child to the Texas Youth Commission
2-14 if the court after a hearing to modify disposition finds by a
2-15 preponderance of the evidence that the child violated a reasonable
2-16 and lawful order of the court. A disposition based on a finding
2-17 that the child engaged in habitual felony conduct as described by
2-18 Section 51.031 [of this code] or in delinquent conduct that
2-19 included a violation of a penal law listed in Section 53.045(a) [of
2-20 this code] may be modified to commit the child to the Texas Youth
2-21 Commission with a possible transfer to the institutional division
2-22 or the pardons and paroles division of the Texas Department of
2-23 Criminal Justice for a definite term prescribed by Section
2-24 54.04(d)(3) [of this code] if the original petition was approved by
2-25 the grand jury under Section 53.045 [of this code] and if after a
2-26 hearing to modify the disposition the court or jury finds that the
2-27 child violated a reasonable and lawful order of the court.
3-1 (g) Except as provided by Subsection (j), a [A] disposition
3-2 based solely on a finding that the child engaged in conduct
3-3 indicating a need for supervision may not be modified to commit the
3-4 child to the Texas Youth Commission. A new finding in compliance
3-5 with Section 54.03 [of this code] must be made that the child
3-6 engaged in delinquent conduct as defined in Section 51.03(a) [of
3-7 this code].
3-8 (h) A hearing shall be held prior to commitment to the Texas
3-9 Youth Commission as a modified disposition. In other disposition
3-10 modifications, the child and the child's [his] parent, guardian,
3-11 guardian ad litem, or attorney may waive hearing in accordance with
3-12 Section 51.09 [of this code]. Except as provided by Subsection
3-13 (j), a [A] child in jeopardy of a sentence for a determinate term
3-14 is entitled to a jury of 12 persons on the issues of the violation
3-15 of the court's orders and the sentence.
3-16 (j) If, after conducting a hearing to modify disposition
3-17 without a jury, the court finds by a preponderance of the evidence
3-18 that a child violated a reasonable and lawful condition of
3-19 probation ordered under Section 54.04(q), the court may modify the
3-20 disposition to commit the child to the Texas Youth Commission under
3-21 Section 54.04(d)(3) for a term that does not exceed the original
3-22 sentence assessed by the court or jury.
3-23 SECTION 3. Chapter 54, Family Code, is amended by adding
3-24 Section 54.051 to read as follows:
3-25 Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO
3-26 APPROPRIATE DISTRICT COURT. (a) On motion of the state concerning
3-27 a child who is placed on probation under Section 54.04(q) for a
4-1 period, including any extension ordered under Section 54.05, that
4-2 will continue after the child's 18th birthday, the juvenile court
4-3 shall hold a hearing to determine whether to transfer the child to
4-4 an appropriate district court or discharge the child from the
4-5 sentence of probation.
4-6 (b) The hearing must be conducted before the child's 18th
4-7 birthday and in the same manner as a hearing to modify disposition
4-8 under Section 54.05.
4-9 (c) If, after a hearing, the court determines to discharge
4-10 the child, the court shall specify a date on or before the child's
4-11 18th birthday to discharge the child from the sentence of
4-12 probation.
4-13 (d) If, after a hearing, the court determines to transfer
4-14 the child, the court shall transfer the child to an appropriate
4-15 district court on the child's 18th birthday.
4-16 (e) A district court that exercises jurisdiction over a
4-17 child transferred under Subsection (d) shall place the child on
4-18 community supervision under Article 42.12, Code of Criminal
4-19 Procedure, for the remainder of the child's probationary period and
4-20 under conditions consistent with those ordered by the juvenile
4-21 court. If a child who is placed on community supervision under
4-22 this subsection violates a condition of that supervision or if the
4-23 child violated a condition of probation ordered under Section
4-24 54.04(q) and that probation violation was not discovered by the
4-25 state before the child's 18th birthday, the district court shall
4-26 dispose of the violation of community supervision or probation, as
4-27 appropriate, in the same manner as if the court had originally
5-1 exercised jurisdiction over the case. The time that a child serves
5-2 on probation ordered under Section 54.04(q) is the same as time
5-3 served on community supervision ordered under this subsection for
5-4 purposes of determining the child's eligibility for early discharge
5-5 from community supervision under Section 20, Article 42.12, Code of
5-6 Criminal Procedure.
5-7 (f) The juvenile court may transfer a child to an
5-8 appropriate district court as provided by this section without a
5-9 showing that the child violated a condition of probation ordered
5-10 under Section 54.04(q).
5-11 SECTION 4. (a) The change in law made by this Act applies
5-12 only to conduct that occurs on or after the effective date of this
5-13 Act. Conduct violating a penal law of the state occurs on or after
5-14 the effective date of this Act if each element of the violation
5-15 occurs on or after that date.
5-16 (b) Conduct that occurs before the effective date of this
5-17 Act is covered by the law in effect at the time the conduct
5-18 occurred, and the former law is continued in effect for that
5-19 purpose.
5-20 SECTION 5. This Act takes effect September 1, 1999.
5-21 SECTION 6. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.