By Goodman, Naishtat                                  H.B. No. 2947
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disposition of children adjudicated as having
 1-3     engaged in delinquent conduct.
 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 Section 54.041 or 54.042, place the
1-13     child on probation on such reasonable and lawful terms as the court
1-14     may determine:
1-15                       (A)  in his own home or in the custody of a
1-16     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, in:
1-19                             (i)  a suitable foster home; or
1-20                             (ii)  a suitable public or private
1-21     institution or agency, except the Texas Youth Commission;
1-22                 (2)  if the court or jury found at the conclusion of
1-23     the adjudication hearing that the child engaged in delinquent
1-24     conduct that violates a penal law of this state or the United
 2-1     States of the grade of felony or, if the requirements of
 2-2     Subsection (q) are met, of the grade of misdemeanor, and if the
 2-3     petition was not approved by the grand jury under Section 53.045,
 2-4     the court may commit the child to the Texas Youth  Commission
 2-5     without a determinate sentence;
 2-6                 (3)  if the court or jury found at the conclusion of
 2-7     the adjudication hearing that the child engaged in delinquent
 2-8     conduct that included a violation of a penal law listed in Section
 2-9     53.045(a) and if the petition was approved by the grand jury under
2-10     Section 53.045, the court or jury may sentence the child to
2-11     commitment in the Texas Youth Commission with a possible transfer
2-12     to the institutional division or the pardons and paroles division
2-13     of the Texas Department of Criminal Justice for a term of:
2-14                       (A)  not more than 40 years if the conduct
2-15     constitutes:
2-16                             (i)  a capital felony;
2-17                             (ii)  a felony of the first degree; or
2-18                             (iii)  an aggravated controlled substance
2-19     felony;
2-20                       (B)  not more than 20 years if the conduct
2-21     constitutes a felony of the second degree; or
2-22                       (C)  not more than 10 years if the conduct
2-23     constitutes a felony of the third degree;
2-24                 (4)  the court may assign the child an appropriate
2-25     sanction level and sanctions as provided by the assignment
2-26     guidelines in Section 59.003; or
2-27                 (5)  if applicable, the court or jury may make a
 3-1     disposition under Subsection (m).
 3-2           (q)  The court may make a disposition under Subsection (d)(2)
 3-3     for delinquent conduct that violates a penal law of the grade of
 3-4     misdemeanor if:
 3-5                 (1)  the child has been adjudicated as having engaged
 3-6     in delinquent conduct violating a penal law of the grade of felony
 3-7     or misdemeanor on at least two previous occasions;
 3-8                 (2)  of the previous adjudications, the conduct that
 3-9     was the basis for one of the adjudications occurred after the date
3-10     of another previous adjudication; and
3-11                 (3)  the conduct that is the basis of the current
3-12     adjudication occurred after the date of at least two previous
3-13     adjudications.
3-14           SECTION 2.  Chapter 54, Family Code, is amended by adding
3-15     Section 54.0406 to read as follows:
3-16           Sec. 54.0406.  CHILD PLACED IN COUNTY DETENTION FACILITY AS
3-17     CONDITION OF PROBATION.  (a)  If a court or jury makes a
3-18     disposition under Section 54.04(d)(1) in which a child is placed on
3-19     probation, the court may, as a condition of the probation, place
3-20     the child for not more than 30 days in a certified juvenile
3-21     detention or correctional facility operated by or under contract
3-22     with the county in which the disposition is made.  The court may
3-23     place the child in a detention facility at the time the court makes
3-24     the disposition placing the child on probation or at any time
3-25     during the period of probation in an order to modify the
3-26     disposition under Section 54.05.
3-27           (b)  A court may place a child in a certified juvenile
 4-1     detention or correctional facility as provided by Subsection (a)
 4-2     more than once during the same period of probation, except that the
 4-3     total amount of time that the child is placed in a detention
 4-4     facility may not exceed 30 days.
 4-5           SECTION 3.  Section 54.05, Family Code, is amended by
 4-6     amending Subsections (f) and (g) and adding Subsection (j) to read
 4-7     as follows:
 4-8           (f)  A disposition based on a finding that the child engaged
 4-9     in delinquent conduct that violates a penal law of this state or
4-10     the United States of the grade of felony or, if the requirements of
4-11     Subsection (j) are met, of the grade of misdemeanor, may be
4-12     modified so as to commit the child to the Texas Youth Commission if
4-13     the court after a hearing to modify disposition finds by a
4-14     preponderance of the evidence that the child violated a reasonable
4-15     and lawful order of the court.  A disposition based on a finding
4-16     that the child engaged in habitual felony conduct as described by
4-17     Section 51.031 of this code or in delinquent conduct that included
4-18     a violation of a penal law listed in Section 53.045(a) of this code
4-19     may be modified to commit the child to the Texas Youth Commission
4-20     with a possible transfer to the institutional division or the
4-21     pardons and paroles division of the Texas Department of Criminal
4-22     Justice for a definite term prescribed by Section 54.04(d)(3) of
4-23     this code if the original petition was approved by the grand jury
4-24     under Section 53.045 of this code and if after a hearing to modify
4-25     the disposition the court or jury finds that the child violated a
4-26     reasonable and lawful order of the court.
4-27           (g)  A disposition based solely on a finding that the child
 5-1     engaged in conduct indicating a need for supervision may not be
 5-2     modified to commit the child to the Texas Youth Commission.  A new
 5-3     finding in compliance with Section 54.03 of this code must be made
 5-4     that the child engaged in delinquent conduct that meets the
 5-5     requirements for commitment under Section 54.04 [as defined in
 5-6     Section 51.03(a) of this code].
 5-7           (j)  The court may modify a disposition under Subsection (f)
 5-8     that is based on a finding that the child engaged in delinquent
 5-9     conduct that violates a penal law of the grade of misdemeanor if:
5-10                 (1)  the child has been adjudicated as having engaged
5-11     in delinquent conduct violating a penal law of the grade of felony
5-12     or misdemeanor on at least three previous occasions; and
5-13                 (2)  of the previous adjudications, the conduct that
5-14     was the basis for the adjudications occurred:
5-15                       (A)  for one adjudication, after the date of two
5-16     other previous adjudications; and
5-17                       (B)  for another adjudication, after the date of
5-18     one other previous adjudication.
5-19           SECTION 4.  (a)  The change in law made by Section 54.0406,
5-20     Family Code, as added by this Act, applies only to a child placed
5-21     on probation for conduct that occurs on or after the effective date
5-22     of this Act.  Conduct violating a penal law of this state occurs on
5-23     or after the effective date of this Act if every element of the
5-24     violation occurs on or after that date.
5-25           (b)  A child placed on probation for conduct that occurs
5-26     before the effective date of this Act is covered by the law in
5-27     effect at the time the conduct occurred, and the former law is
 6-1     continued in effect for that purpose.
 6-2           SECTION 5.  (a)  This Act takes effect September 1, 1999.
 6-3           (b)  This Act applies only to conduct that occurs on or after
 6-4     the effective date of this Act.  Conduct violating the penal law of
 6-5     this state occurs on or after the effective date of this Act if all
 6-6     elements of the violation occur on or after that date.
 6-7           (c)  Conduct that occurs before the effective date of this
 6-8     Act is governed by the law in effect at the time the conduct
 6-9     occurred, and that law is continued in effect for that purpose.
6-10           SECTION 6.  The importance of this legislation and the
6-11     crowded condition of the calendars in both houses create an
6-12     emergency and an imperative public necessity that the
6-13     constitutional rule requiring bills to be read on three several
6-14     days in each house be suspended, and this rule is hereby suspended.