SRC-LBB H.B. 888 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 888
78R372 SLO-DBy: Dutton (Whitmire)
Criminal Justice
5/11/2003
Engrossed


DIGEST AND PURPOSE 

In 1995, one of the legislature's top priorities was to address juvenile
crime in the state of Texas. Consequently, the legislature passed H.B.
327, which significantly amended Title 3 of the Texas Family Code. One of
the most substantive additions to Title 3 was the implementation of
Chapter 59, (Progressive Sanctions Guidelines). These guidelines set forth
seven sanction levels, which depending on the severity of the offense and
the criminal history of the juvenile, may be used in determining the
punishment for that particular juvenile offender. As the severity of the
offense increases, or if the juvenile is a repeat offender, the sanction
level may also increase, with the ultimate sanction level of seven being a
determinate sentence commitment to the Texas Youth Commission (TYC).  H.B.
888 eliminates the requirement that deviations from the model be reported
to the juvenile board. This bill eliminates the requirement that the
Criminal Justice Policy Council include compliance with progressive
sanctions guidelines in its analysis of juvenile justice policies. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 53.013, Family Code, as follows:

Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM. Changes the term "guidelines"
to "model" in relation to a sanctions program.  Deletes Subsection (b)
relating to a juvenile court or probation department that deviates from
the guidelines. 

SECTION 2.  Amends the heading to Chapter 59, Family Code, to read as
follows: 

CHAPTER 59. PROGRESSIVE SANCTIONS MODEL 

SECTION 3.  Amends Section 59.001, Family Code, as follows:

 Sec. 59.001.  PURPOSES.  Provides the purposes of the progressive
sanctions model.  

SECTION 4.  Amends the heading of Section 59.003, Family Code, to read as
follows: 

Sec. 59.003.  SANCTION LEVEL ASSIGNMENT MODEL.

SECTION 5.  Amends Sections 59.003(e), (f), and (g), Family Code, as
follows: 

(e)  Redesignated from Subsection (f).  Deletes text of existing
Subsection (e) relating to a juvenile court or probation department that
deviates from the guidelines.  

 (f)  Redsignated from Subsection (g). 

SECTION 6.  Amends Section 59.006(a), Family Code, to delete the text "or
more than 12 months" in relation to the authority of the juvenile court to
place the child on probation,  for a  child at sanction level three.  

SECTION 7.  Amends Section 59.007(a), Family Code, to make a conforming
change. 

SECTION 8.  Amends Section 59.008(a), Family Code, to make a conforming
change. 

SECTION 9.  Amends Section 59.012(a), Family Code, to delete "compliance
with the progressive sanctions guidelines" and the impact of "the
guidelines and related" reforms on recidivism rates using standard
scientific sampling or appropriate scientific methodologies to represent
statewide patterns from the requirement of the Criminal Justice Policy
Council to analyze trends related to juvenile referrals. 

SECTION 10.  Amends Section 59.014, Family Code, as follows:

Sec. 59.014.  APPEAL.  Replaces the term "deviation" with "departure" in
relation to a child who brings an appeal or a postconviction writ of
habeas corpus.  Makes a conforming change. 

SECTION 11.  (a)  Effective date:  September 1, 2003.

 (b), (c), and (d) Make application of this Act prospective.