H.B. 888 78(R)    BILL ANALYSIS


H.B. 888
By: Dutton
Juvenile Justice & Family Issues
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

In 1995, one of the Legislature's top priorities was to address the issue
of juvenile crime in the state of Texas. Consequently, the legislature
passed House Bill 327, which significantly amended Title 3 of the Texas
Family Code. Arguably, 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).  

House Bill 888 would eliminate the requirement that deviations from the
model; be reported to the juvenile board. Secondly, this bill would
eliminate the requirement that the Criminal Justice Policy Council include
compliance with progressive sanctions guidelines in its analysis of
juvenile justice policies. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Section 53.013, Family Code.  Changes the term
"guidelines" to "model." 

Section 2.  Amends the heading to Chapter 59, Family Code. Changes
"guidelines" to "model." 

Section 3.  Amends Section 59.001, Family Code. Changes "guidelines" to
"model." Amends Section 59.001, Family Code by adding (5) which reads
"recognize that departure of a disposition from this model is not
necessarily undesirable and in some cases is highly desirable." 

Section 4.  Amends the heading to Chapter 59.  Changes "guidelines" to
"model." 

Section 5. Amends Section 59.003(e), (f), and (g), Family Code.

Section 6.  Amends Section 59.006(a), Family Code by deleting "or more
than 12 months." 

Section 7.  Amends Section 59.007(a)(2), Family Code by deleting "for not
less than six months or more than 12 months." 

Section 8. Amends Section 59.008(a)(2), Family Code by deleting "for not
less than six          months or more than 12 months."  

Section 9.  Amends Section 59.012(a), Family Code by deleting "compliance
with progressive sanctions guidelines," and "the guidelines and related".
This proposed change would make the studying and reporting duties of the
Criminal Justice Policy Council more general, rather than focusing only on
guidelines compliance.  
 
Section 10.  Amends Section 59.014, Family Code.  Substitutes the word
"departure" for "deviation" when reference is made to assignment of the
progressive sanctions levels. Substitutes  "model" for "guidelines" when
reference is made to progressive sanctions.  

Section 11. This Act takes effect September 1, 2003. (b) This Act applies
only to conduct that occurs on or after the effective date of this Act.
Conduct violating the penal law of this state occurs on or after the
effective date of this Act if any element of the violation occurs on or
after that date. (c) Conduct that occurs before the effective date of this
Act is governed by the law in effect at the time the conduct occurred, and
that law is continued in effect for that purpose. (d) This Act applies
only to an appeal under Section 56.01, Family Code, of an order by a
juvenile court rendered on or after the effective date of this Act. An
appeal of an order rendered before the effective date of this Act is
governed by the law in effect at the time the order was rendered, and that
law is continued in effect for that purpose. 

EFFECTIVE DATE

September 1, 2003.