By Puente H.B. No. 1403
76R4665 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the probation ordered for certain delinquent conduct
1-3 and the waiver and 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) A court or jury may place a child on probation under
1-16 Subsection (d)(1) as an alternative to making a disposition under
1-17 Subsection (d)(3) for a period that may continue on or after the
1-18 child's 18th birthday. The court may, before the sentence of
1-19 probation ends, extend the probationary period to continue on or
1-20 after the child's 18th birthday. A sentence of probation ordered
1-21 under this subsection and any extension of probation ordered under
1-22 Section 54.05(a) may not exceed 10 years.
1-23 SECTION 2. Subchapter E, Chapter 61, Human Resources Code,
1-24 is amended by adding Section 61.0795 to read as follows:
2-1 Sec. 61.0795. TRANSFER OF VIOLENT AND HABITUAL OFFENDERS
2-2 PLACED ON PROBATION. (a) A juvenile court that places a child on
2-3 probation under Section 54.04(d)(1), Family Code, as an alternative
2-4 to making a disposition under Section 54.04(d)(3), Family Code,
2-5 shall waive its exclusive jurisdiction and transfer the child to an
2-6 appropriate district court after the child becomes 17 years of age
2-7 but before the child becomes 18 years of age if the probation will
2-8 continue on or after the child's 18th birthday.
2-9 (b) A district court that exercises jurisdiction over a
2-10 child transferred under Subsection (a) shall place the child on
2-11 community supervision under Article 42.12, Code of Criminal
2-12 Procedure, for the remainder of the child's probationary period and
2-13 under conditions consistent with those ordered by the juvenile
2-14 court.
2-15 SECTION 3. (a) The change in law made by this Act applies
2-16 only to conduct that occurs on or after the effective date of this
2-17 Act. Conduct violating a penal law of the state occurs on or after
2-18 the effective date of this Act if each element of the violation
2-19 occurs on or after that date.
2-20 (b) Conduct that occurs before the effective date of this
2-21 Act is covered by the law in effect at the time the conduct
2-22 occurred, and the former law is continued in effect for that
2-23 purpose.
2-24 SECTION 4. This Act takes effect September 1, 1999.
2-25 SECTION 5. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.