By Longoria H.B. No. 3106
76R9177 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of a child who engages in delinquent
1-3 conduct that results in an injury to a public servant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 53.045(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Subsection (e), the prosecuting
1-8 attorney may refer the petition to the grand jury of the county in
1-9 which the court in which the petition is filed presides if the
1-10 petition alleges that the child engaged in delinquent conduct that
1-11 constitutes habitual felony conduct as described by Section 51.031,
1-12 delinquent conduct that resulted in an injury to a public servant,
1-13 or delinquent conduct that included the violation of any of the
1-14 following provisions:
1-15 (1) Section 19.02, Penal Code (murder);
1-16 (2) Section 19.03, Penal Code (capital murder);
1-17 (3) Section 20.04, Penal Code (aggravated kidnapping);
1-18 (4) Section 22.011, Penal Code (sexual assault) or
1-19 Section 22.021, Penal Code (aggravated sexual assault);
1-20 (5) Section 22.02, Penal Code (aggravated assault);
1-21 (6) Section 29.03, Penal Code (aggravated robbery);
1-22 (7) Section 22.04, Penal Code (injury to a child,
1-23 elderly individual, or disabled individual), if the offense is
1-24 punishable as a felony, other than a state jail felony;
2-1 (8) Section 22.05(b), Penal Code (felony deadly
2-2 conduct involving discharging a firearm);
2-3 (9) Subchapter D, Chapter 481, Health and Safety Code,
2-4 if the conduct constitutes a felony of the first degree or an
2-5 aggravated controlled substance felony (certain offenses involving
2-6 controlled substances);
2-7 (10) Section 15.03, Penal Code (criminal
2-8 solicitation);
2-9 (11) Section 21.11(a)(1), Penal Code (indecency with a
2-10 child);
2-11 (12) Section 15.031, Penal Code (criminal solicitation
2-12 of a minor);
2-13 (13) Section 15.01, Penal Code (criminal attempt), if
2-14 the offense attempted was an offense under Section 19.02, Penal
2-15 Code (murder) or Section 19.03, Penal Code (capital murder), or an
2-16 offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
2-17 Procedure; or
2-18 (14) Section 28.02, Penal Code (arson), if bodily
2-19 injury or death is suffered by any person by reason of the
2-20 commission of the conduct.
2-21 SECTION 2. Section 54.04(d), Family Code, is amended to read
2-22 as follows:
2-23 (d) If the court or jury makes the finding specified in
2-24 Subsection (c) allowing the court to make a disposition in the
2-25 case:
2-26 (1) the court or jury may, in addition to any order
2-27 required or authorized under Section 54.041 or 54.042, place the
3-1 child on probation on such reasonable and lawful terms as the court
3-2 may determine:
3-3 (A) in the child's [his] own home or in the
3-4 custody of a relative or other fit person; or
3-5 (B) subject to the finding under Subsection (c)
3-6 on the placement of the child outside the child's home, in:
3-7 (i) a suitable foster home; or
3-8 (ii) a suitable public or private
3-9 institution or agency, except the Texas Youth Commission;
3-10 (2) if the court or jury found at the conclusion of
3-11 the adjudication hearing that the child engaged in delinquent
3-12 conduct and if the petition was not approved by the grand jury
3-13 under Section 53.045, the court may commit the child to the Texas
3-14 Youth Commission without a determinate sentence;
3-15 (3) if the court or jury found at the conclusion of
3-16 the adjudication hearing that the child engaged in delinquent
3-17 conduct that included a violation of a penal law listed in Section
3-18 53.045(a) or that resulted in an injury to a public servant and if
3-19 the petition was approved by the grand jury under Section 53.045,
3-20 the court or jury may sentence the child to commitment in the Texas
3-21 Youth Commission with a possible transfer to the institutional
3-22 division or the pardons and paroles division of the Texas
3-23 Department of Criminal Justice for a term of:
3-24 (A) not more than 40 years if the conduct
3-25 constitutes:
3-26 (i) a capital felony;
3-27 (ii) a felony of the first degree; or
4-1 (iii) an aggravated controlled substance
4-2 felony;
4-3 (B) not more than 20 years if the conduct
4-4 constitutes a felony of the second degree; or
4-5 (C) not more than 10 years if the conduct
4-6 constitutes a felony of the third degree;
4-7 (4) the court may assign the child an appropriate
4-8 sanction level and sanctions as provided by the assignment
4-9 guidelines in Section 59.003; or
4-10 (5) if applicable, the court or jury may make a
4-11 disposition under Subsection (m).
4-12 SECTION 3. Section 54.05(f), Family Code, is amended to read
4-13 as follows:
4-14 (f) A disposition based on a finding that the child engaged
4-15 in delinquent conduct may be modified so as to commit the child to
4-16 the Texas Youth Commission if the court after a hearing to modify
4-17 disposition finds by a preponderance of the evidence that the child
4-18 violated a reasonable and lawful order of the court. A disposition
4-19 based on a finding that the child engaged in habitual felony
4-20 conduct as described by Section 51.031, in delinquent conduct that
4-21 resulted in an injury to a public servant, [of this code] or in
4-22 delinquent conduct that included a violation of a penal law listed
4-23 in Section 53.045(a) [of this code] may be modified to commit the
4-24 child to the Texas Youth Commission with a possible transfer to the
4-25 institutional division or the pardons and paroles division of the
4-26 Texas Department of Criminal Justice for a definite term prescribed
4-27 by Section 54.04(d)(3) [of this code] if the original petition was
5-1 approved by the grand jury under Section 53.045 [of this code] and
5-2 if after a hearing to modify the disposition the court or jury
5-3 finds that the child violated a reasonable and lawful order of the
5-4 court.
5-5 SECTION 4. Section 58.003(b), Family Code, is amended to
5-6 read as follows:
5-7 (b) A court may not order the sealing of the records of a
5-8 person who has received a determinate sentence for engaging in:
5-9 (1) delinquent conduct that violated a penal law
5-10 listed in Section 53.045;
5-11 (2) [or engaging in] habitual felony conduct as
5-12 described by Section 51.031; or
5-13 (3) delinquent conduct that resulted in an injury to a
5-14 public servant.
5-15 SECTION 5. (a) The change in law made by this Act applies
5-16 only to conduct that occurs on or after the effective date of this
5-17 Act. Conduct violating a penal law of the state occurs on or after
5-18 the effective date of this Act if every element of the violation
5-19 occurs on or after that date.
5-20 (b) Conduct that occurs before the effective date of this
5-21 Act is covered by the law in effect at the time the conduct
5-22 occurred, and the former law is continued in effect for that
5-23 purpose.
5-24 SECTION 6. This Act takes effect September 1, 1999.
5-25 SECTION 7. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
5-27 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.