By Shapiro S.B. No. 32
76R1961 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of certain juveniles who unlawfully
1-3 possess a firearm or use a firearm in conduct that constitutes an
1-4 offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.04, Family Code, is amended by
1-7 amending Subsection (d) and adding Subsection (q) to read as
1-8 follows:
1-9 (d) If the court or jury makes the finding specified in
1-10 Subsection (c) allowing the court to make a disposition in the
1-11 case:
1-12 (1) the court or jury may, in addition to any order
1-13 required or authorized under Subsection (q) or Section 54.041 or
1-14 54.042, place the child on probation on such reasonable and lawful
1-15 terms as the court may determine:
1-16 (A) in the child's [his] own home or in the
1-17 custody of a relative or other fit person; or
1-18 (B) subject to the finding under Subsection (c)
1-19 on the placement of the child outside the child's home and subject
1-20 to an order under Subsection (q), in:
1-21 (i) a suitable foster home; or
1-22 (ii) a suitable public or private
1-23 institution or agency, except the Texas Youth Commission;
1-24 (2) if the court or jury found at the conclusion of
2-1 the adjudication hearing that the child engaged in delinquent
2-2 conduct and if the petition was not approved by the grand jury
2-3 under Section 53.045, the court may commit the child to the Texas
2-4 Youth Commission without a determinate sentence;
2-5 (3) if the court or jury found at the conclusion of
2-6 the adjudication hearing that the child engaged in delinquent
2-7 conduct that included a violation of a penal law listed in Section
2-8 53.045(a) and if the petition was approved by the grand jury under
2-9 Section 53.045, the court or jury may sentence the child to
2-10 commitment in the Texas Youth Commission with a possible transfer
2-11 to the institutional division or the pardons and paroles division
2-12 of the Texas Department of Criminal Justice for a term of:
2-13 (A) not more than 40 years if the conduct
2-14 constitutes:
2-15 (i) a capital felony;
2-16 (ii) a felony of the first degree; or
2-17 (iii) an aggravated controlled substance
2-18 felony;
2-19 (B) not more than 20 years if the conduct
2-20 constitutes a felony of the second degree; or
2-21 (C) not more than 10 years if the conduct
2-22 constitutes a felony of the third degree;
2-23 (4) subject to an order under Subsection (q), the
2-24 court may assign the child an appropriate sanction level and
2-25 sanctions as provided by the assignment guidelines in Section
2-26 59.003; or
2-27 (5) if applicable, the court or jury may make a
3-1 disposition under Subsection (m).
3-2 (q) If a child is adjudicated to have engaged in conduct
3-3 described by Chapter 46, Penal Code, involving a firearm, as
3-4 defined by Section 46.01, Penal Code, or if at an adjudication
3-5 hearing the court or jury affirmatively finds that a child engaged
3-6 in delinquent conduct in which the child used or possessed a
3-7 firearm, as defined by Section 46.01, Penal Code, in conduct that
3-8 constitutes a violation of a penal law, the court shall order the
3-9 child to be confined for a period of at least one day and not more
3-10 than 90 days to a juvenile detention facility designated by the
3-11 court. This subsection does not apply to a child whose disposition
3-12 is made under Subsection (d)(2), (d)(3), or (m).
3-13 SECTION 2. (a) The change in law made by this Act applies
3-14 only to the disposition of a child under Section 54.04, Family
3-15 Code, for conduct that occurs on or after the effective date of
3-16 this Act. Conduct violating a penal law of the state occurs on or
3-17 after the effective date of this Act if each element of the
3-18 violation occurs on or after that date.
3-19 (b) The disposition of a child under Section 54.04, Family
3-20 Code, for conduct that occurred before the effective date of this
3-21 Act is governed by the law in effect at the time the conduct
3-22 occurred, and the former law is continued in effect for that
3-23 purpose.
3-24 SECTION 3. This Act takes effect September 1, 1999.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.