79R7396 SLO-D

By:  Dutton                                                       H.B. No. 2669



A BILL TO BE ENTITLED

AN ACT

relating to the sentencing of juveniles in juvenile court and the 
functions of the Texas Youth Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 54.04(d), Family Code, is amended to 
read as follows:    
	(d)  If the court or jury makes the finding specified in 
Subsection (c) allowing the court to make a disposition in the case:
		(1)  the court or jury may, in addition to any order 
required or authorized under Section 54.041 or 54.042, place the 
child on probation on such reasonable and lawful terms as the court 
may determine:
			(A)  in the child's own home or in the custody of a 
relative or other fit person; or
			(B)  subject to the finding under Subsection (c) 
on the placement of the child outside the child's home, in:
				(i)  a suitable foster home; or                                             
				(ii)  a suitable public or private 
institution or agency, except the Texas Youth Commission;
		(2)  if the court or jury found at the conclusion of the 
adjudication hearing that the child engaged in delinquent conduct 
that violates a penal law of this state or the United States of the 
grade of felony or, if the requirements of Subsection (s) or (t) are 
met, of the grade of misdemeanor, and if the petition was not 
approved by the grand jury under Section 53.045, the court may 
commit the child to the Texas Youth Commission and specify in that 
commitment a date, on or before the child's 21st birthday, no later 
than which the commission shall discharge the child from its 
custody [without a determinate sentence];
		(3)  if the court or jury found at the conclusion of the 
adjudication hearing that the child engaged in delinquent conduct 
that included a violation of a penal law listed in Section 53.045(a) 
and if the petition was approved by the grand jury under Section 
53.045, the court or jury may sentence the child to commitment in 
the Texas Youth Commission with a possible transfer to the 
institutional division or the pardons and paroles division of the 
Texas Department of Criminal Justice for a term of:
			(A)  not more than 40 years if the conduct 
constitutes:                    
				(i)  a capital felony;                                                      
				(ii)  a felony of the first degree; or                                      
				(iii)  an aggravated controlled substance 
felony;                         
			(B)  not more than 20 years if the conduct 
constitutes a felony of the second degree; or
			(C)  not more than 10 years if the conduct 
constitutes a felony of the third degree;
		(4)  the court may assign the child an appropriate 
sanction level and sanctions as provided by the assignment 
guidelines in Section 59.003; or
		(5)  if applicable, the court or jury may make a 
disposition under Subsection (m).
	SECTION 2.  Subchapter C, Chapter 61, Human Resources Code, 
is amended by adding Sections 61.0424 and 61.055 to read as follows:
	Sec. 61.0424.  ALLEGATION OF ABUSE OR NEGLECT AT COMMISSION 
FACILITY.  (a)  The commission shall contract with a separate state 
agency to investigate an allegation of abuse or neglect of a child 
at a facility operated by the commission.
	(b)  The state agency shall report the agency's findings and 
recommendations concerning the allegation to the commission.
	Sec. 61.055.  CULTURAL AND LINGUISTIC COMPETENCE.  The 
commission shall incorporate a component of cultural and linguistic 
competence into all commission staff training, policies, and 
program development.
	SECTION 3.  Section 61.084(e), Human Resources Code, is 
amended to read as follows:
	(e)  Except as provided by Subsection (f) or (g), the 
commission shall discharge from its custody a person not already 
discharged on the earlier of the person's 21st birthday or the date 
specified by the court committing the person to the commission 
under Section 54.04(d)(2), Family Code, by which the commission 
must discharge the person.
	SECTION 4.  (a)  Section 54.04, Family Code, as amended by 
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.
	(b)  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.
	SECTION 5.  This Act takes effect September 1, 2005.