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.