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.