By: Dutton H.B. No. 777

A BILL TO BE ENTITLED

AN ACT

relating to fees charged in connection with certain teen courts, 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. Article 45.052, Code of Criminal Procedure, is amended by adding Subsection (i) to read as follows:

(i) Notwithstanding Subsection (e) or (g), a justice or municipal court that is located in the Texas-Louisiana border region, as defined by Section 2056.002, Government Code, may charge a fee of $20 under those subsections.

SECTION 2. Section 54.032, Family Code, is amended by adding Subsection (h) to read as follows:

(h) Notwithstanding Subsection (e) or (g), a juvenile court that is located in the Texas-Louisiana border region, as defined by Section 2056.002, Government Code, may charge a fee of $20 under those subsections.

SECTION 3. 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 4. 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 attorney general shall investigate an allegation of abuse or neglect of a child at a facility operated by the commission.

(b) The attorney general shall report its 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 5. 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 6. Article 45.052(i), Code of Criminal Procedure, and Section 54.032(h), Family Code, as added by this Act, apply only to fees relating to a request for a teen court program under Article 45.052, Code of Criminal Procedure, or Section 54.032, Family Code, made on or after the effective date of this Act. A fee relating to a request for a teen court program under Article 45.052, Code of Criminal Procedure, or Section 54.032, Family Code, that became payable before the effective date of this Act is governed by the law in effect at the time the fee became payable, and that law is continued in effect for that purpose.

SECTION 7. (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 8. This Act takes effect September 1, 2007.