By Goodman H.B. No. 2352
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the commitment of a child to the Texas Youth
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.04, Family Code, is amended as
1-6 follows:
1-7 Section 54.04. DISPOSITION HEARING.
1-8 (d) If the court or jury makes the finding specified in
1-9 Subsection (c) of this section allowing the court to make a
1-10 disposition in the case:
1-11 (1) the court or jury may, in addition to any order
1-12 required or authorized under Section 54.041 or 54.042 of this code,
1-13 place the child on probation on such reasonable and lawful terms as
1-14 the court may determine:
1-15 (A) in his own home or in the custody of a
1-16 relative or other fit person;
1-17 (B) subject to the finding under Subsection (c)
1-18 of this section on the placement of the child outside the child's
1-19 home, in:
1-20 (i) a suitable foster home; or
1-21 (ii) a suitable public or private
2-1 institution or agency, except the Texas Youth Commission; or
2-2 (C) after an adjudication that the child engaged
2-3 in delinquent conduct and subject to the finding under Subsection
2-4 (c) on the placement of the child outside the child's home, in an
2-5 intermediate sanction facility operated under Chapter 61, Human
2-6 Resources Code;
2-7 (2) if the court or jury found at the conclusion of
2-8 the adjudication hearing that the child engaged in delinquent
2-9 conduct that violates a penal law of this state or of the United
2-10 States of the grade of felony or, if the requirements of subsection
2-11 (q) are met, of the grade of misdemeanor, and if the petition was
2-12 not approved by the grand jury under Section 53.045, the court may
2-13 commit the child to the Texas Youth Commission without a
2-14 determinate sentence;
2-15 (q) The court may make a disposition under subsection (d)(2)
2-16 of this Section for delinquent conduct that violates a penal law of
2-17 the grade of misdemeanor if:
2-18 (1) The child who engaged in the conduct has at least
2-19 two previous adjudications as having engaged in delinquent conduct
2-20 violating a penal law of the grade of felony or misdemeanor;
2-21 (2) the second previous adjudication is for conduct
2-22 that occurred after the date of the previous adjudication; and
2-23 (3) the current adjudication is for conduct that
2-24 occurred after the date of the second previous adjudication.
2-25 SECTION 2. Subsection 54.05, Family Code, is amended as
3-1 follows:
3-2 (f) A disposition based on a finding that the child engaged
3-3 in delinquent conduct that violates a penal law of this state or of
3-4 the United States of the grade of felony or, if the requirements of
3-5 subsection (j) are met, of the grade of misdemeanor may be modified
3-6 so as to commit the child to the Texas Youth Commission if the
3-7 court after a hearing to modify disposition finds by a
3-8 preponderance of the evidence that the child violated a reasonable
3-9 and lawful order of the court. A disposition based on a finding
3-10 that the child engaged in habitual felony conduct as described by
3-11 Section 51.031 of this code or in delinquent conduct that included
3-12 a violation of a penal law listed in Section 53.045(a) of this code
3-13 may be modified to commit the child to the Texas Youth Commission
3-14 with a possible transfer to the institutional division or the
3-15 pardons and paroles division of the Texas Department of Criminal
3-16 Justice for a definite term prescribed by Section 54.04(d)(3) of
3-17 this code if the original petition was approved by the grand jury
3-18 under Section 53.045 of this code and if after a hearing to modify
3-19 the disposition the court or jury finds that the child violated a
3-20 reasonable and lawful order of the court.
3-21 (g) A disposition based solely on a finding that the child
3-22 engaged in conduct indicating a need for supervision may not be
3-23 modified to commit the child to the Texas Youth Commission. A new
3-24 finding in compliance with Section 54.03 of this code must be made
3-25 that the child engaged in delinquent conduct [as defined in Section
4-1 51.03(a) of this code] that meets the requirements for commitment
4-2 under Section 54.04.
4-3 (j) the court may modify a disposition under subsection (f)
4-4 that is based on a finding that the child engaged in delinquent
4-5 conduct that violates a penal law of the grade of misdemeanor if:
4-6 (1) the child who engaged in the conduct has at least
4-7 three previous adjudications as having engaged in delinquent
4-8 conduct violating a penal law of the grade of felony or
4-9 misdemeanor;
4-10 (2) the third previous adjudication is for conduct
4-11 that occurred after the date of the second previous adjudication;
4-12 and
4-13 (3) the second previous adjudication is for conduct
4-14 that occurred after the date of the first previous adjudication.
4-15 SECTION 3. This Act takes effect on September 1, 1999.
4-16 SECTION 4. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.