By Goodman                                            H.B. No. 2947
         76R8592 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to circumstances under which a juvenile court may commit a
 1-3     child to the Texas Youth 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 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.  Section 54.05, Family Code, is amended by
3-15     amending Subsections (f) and (g) and adding Subsection (j) to read
3-16     as follows:
3-17           (f)  A disposition based on a finding that the child engaged
3-18     in delinquent conduct that violates a penal law of this state or
3-19     the United States of the grade of felony or, if the requirements of
3-20     Subsection (j) are met, of the grade of misdemeanor, may be
3-21     modified so as to commit the child to the Texas Youth Commission if
3-22     the court after a hearing to modify disposition finds by a
3-23     preponderance of the evidence that the child violated a reasonable
3-24     and lawful order of the court.  A disposition based on a finding
3-25     that the child engaged in habitual felony conduct as described by
3-26     Section 51.031 of this code or in delinquent conduct that included
3-27     a violation of a penal law listed in Section 53.045(a) of this code
 4-1     may be modified to commit the child to the Texas Youth Commission
 4-2     with a possible transfer to the institutional division or the
 4-3     pardons and paroles division of the Texas Department of Criminal
 4-4     Justice for a definite term prescribed by Section 54.04(d)(3) of
 4-5     this code if the original petition was approved by the grand jury
 4-6     under Section 53.045 of this code and if after a hearing to modify
 4-7     the disposition the court or jury finds that the child violated a
 4-8     reasonable and lawful order of the court.
 4-9           (g)  A disposition based solely on a finding that the child
4-10     engaged in conduct indicating a need for supervision may not be
4-11     modified to commit the child to the Texas Youth Commission.  A new
4-12     finding in compliance with Section 54.03 of this code must be made
4-13     that the child engaged in delinquent conduct that meets the
4-14     requirements for commitment under Section 54.04 [as defined in
4-15     Section 51.03(a) of this code].
4-16           (j)  The court may modify a disposition under Subsection (f)
4-17     that is based on a finding that the child engaged in delinquent
4-18     conduct that violates a penal law of the grade of misdemeanor if:
4-19                 (1)  the child has been adjudicated as having engaged
4-20     in delinquent conduct violating a penal law of the grade of felony
4-21     or misdemeanor on at least three previous occasions; and
4-22                 (2)  of the previous adjudications, the conduct that
4-23     was the basis for the adjudications occurred:
4-24                       (A)  for one adjudication, after the date of two
4-25     other previous adjudications; and
4-26                       (B)  for another adjudication, after the date of
4-27     one other previous adjudication.
 5-1           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 5-2           (b)  This Act applies only to conduct that occurs on or after
 5-3     the effective date of this Act.  Conduct violating the penal law of
 5-4     this state occurs on or after the effective date of this Act if all
 5-5     elements of the violation occur on or after that date.
 5-6           (c)  Conduct that occurs before the effective date of this
 5-7     Act is governed by the law in effect at the time the conduct
 5-8     occurred, and that law is continued in effect for that purpose.
 5-9           SECTION 4.  The importance of this legislation and the
5-10     crowded condition of the calendars in both houses create an
5-11     emergency and an imperative public necessity that the
5-12     constitutional rule requiring bills to be read on three several
5-13     days in each house be suspended, and this rule is hereby suspended.