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.