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A BILL TO BE ENTITLED
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AN ACT
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relating to the sentencing of juveniles in juvenile court and the |
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functions of the Texas Youth Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.04(d), Family Code, is amended to |
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read as follows: |
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(d) If the court or jury makes the finding specified in |
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Subsection (c) allowing the court to make a disposition in the case: |
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(1) the court or jury may, in addition to any order |
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required or authorized under Section 54.041 or 54.042, place the |
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child on probation on such reasonable and lawful terms as the court |
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may determine: |
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(A) in the child's own home or in the custody of a |
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relative or other fit person; or |
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(B) subject to the finding under Subsection (c) |
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on the placement of the child outside the child's home, in: |
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(i) a suitable foster home; or |
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(ii) a suitable public or private |
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institution or agency, except the Texas Youth Commission; |
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(2) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that violates a penal law of this state or the United States of the |
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grade of felony or, if the requirements of Subsection (s) or (t) are |
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met, of the grade of misdemeanor, and if the petition was not |
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approved by the grand jury under Section 53.045, the court may |
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commit the child to the Texas Youth Commission and specify in that |
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commitment a date, on or before the child's 21st birthday, no later |
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than which the commission shall discharge the child from its |
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custody [without a determinate sentence]; |
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(3) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that included a violation of a penal law listed in Section 53.045(a) |
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and if the petition was approved by the grand jury under Section |
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53.045, the court or jury may sentence the child to commitment in |
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the Texas Youth Commission with a possible transfer to the |
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institutional division or the pardons and paroles division of the |
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Texas Department of Criminal Justice for a term of: |
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(A) not more than 40 years if the conduct |
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constitutes: |
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(i) a capital felony; |
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(ii) a felony of the first degree; or |
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(iii) an aggravated controlled substance |
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felony; |
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(B) not more than 20 years if the conduct |
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constitutes a felony of the second degree; or |
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(C) not more than 10 years if the conduct |
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constitutes a felony of the third degree; |
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(4) the court may assign the child an appropriate |
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sanction level and sanctions as provided by the assignment |
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guidelines in Section 59.003; or |
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(5) if applicable, the court or jury may make a |
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disposition under Subsection (m). |
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SECTION 2. Subchapter C, Chapter 61, Human Resources Code, |
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is amended by adding Sections 61.0424 and 61.055 to read as follows: |
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Sec. 61.0424. ALLEGATION OF ABUSE OR NEGLECT AT COMMISSION |
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FACILITY. (a) The attorney general shall investigate an |
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allegation of abuse or neglect of a child at a facility operated by |
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the commission. |
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(b) The attorney general shall report its findings and |
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recommendations concerning the allegation to the commission. |
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Sec. 61.055. CULTURAL AND LINGUISTIC COMPETENCE. The |
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commission shall incorporate a component of cultural and linguistic |
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competence into all commission staff training, policies, and |
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program development. |
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SECTION 3. Section 61.084(e), Human Resources Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f) or (g), the |
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commission shall discharge from its custody a person not already |
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discharged on the earlier of the person's 21st birthday or the date |
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specified by the court committing the person to the commission |
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under Section 54.04(d)(2), Family Code, by which the commission |
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must discharge the person. |
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SECTION 4. (a) Section 54.04, Family Code, as amended by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. Conduct violating the penal law of this |
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state occurs on or after the effective date of this Act if any |
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element of the violation occurs on or after that date. |
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(b) Conduct that occurs before the effective date of this |
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Act is governed by the law in effect at the time the conduct |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |