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A BILL TO BE ENTITLED
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AN ACT
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relating to the grade of offense for which a person may be committed |
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to the Texas Youth Commission and the termination of control of |
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persons committed to 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. Sections 54.04(d), (o), and (u), Family Code, |
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are amended to 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)
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are 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 without a |
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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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(o) In a disposition under this title: |
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(1) a status offender may not, under any |
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circumstances, be committed to the Texas Youth Commission for |
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engaging in conduct that would not, under state or local law, be a |
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crime if committed by an adult; |
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(2) a status offender may not, under any circumstances |
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other than as provided under Subsection (n), be placed in a |
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post-adjudication secure correctional facility; [and] |
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(3) a child adjudicated for contempt of a county, |
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justice, or municipal court order may not, under any circumstances, |
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be placed in a post-adjudication secure correctional facility or |
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committed to the Texas Youth Commission for that conduct; and |
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(4) a child adjudicated as having engaged in |
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delinquent conduct violating a penal law of this state or the United |
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States of the grade of misdemeanor may not, under any |
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circumstances, be committed to the Texas Youth Commission for that |
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conduct. |
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(u) For the purposes of disposition under Subsection |
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(d)(2), delinquent conduct that violates a penal law of this state |
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of the grade of felony [or misdemeanor] does not include conduct |
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that violates a lawful order of a county, municipal, justice, or |
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juvenile court under circumstances that would constitute contempt |
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of that court. |
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SECTION 2. Section 54.05(f), Family Code, is amended to |
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read as follows: |
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(f) Except as provided by Subsection (j), a disposition |
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based on a finding that the child engaged in delinquent conduct that |
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violates a penal law of this state or the United States of the grade |
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of felony [or, if the requirements of Subsection (k) are met, of the
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grade of misdemeanor,] may be modified so as to commit the child to |
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the Texas Youth Commission if the court after a hearing to modify |
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disposition finds by a preponderance of the evidence that the child |
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violated a reasonable and lawful order of the court. A disposition |
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based on a finding that the child engaged in habitual felony conduct |
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as described by Section 51.031 or in delinquent conduct that |
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included a violation of a penal law listed in Section 53.045(a) may |
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be modified to commit the child to the Texas Youth Commission with a |
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possible transfer to the [institutional division or the pardons and
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paroles division of the] Texas Department of Criminal Justice for a |
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definite term prescribed by Section 54.04(d)(3) if the original |
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petition was approved by the grand jury under Section 53.045 and if |
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after a hearing to modify the disposition the court finds that the |
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child violated a reasonable and lawful order of the court. |
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SECTION 3. Section 508.156(a), Government Code, is amended |
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to read as follows: |
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(a) Before the release of a person who is transferred under |
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Section 61.081(f) or 61.084(g) [61.084(f) or (g)], Human Resources |
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Code, to the division for release on parole, a parole panel shall |
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review the person's records and may interview the person or any |
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other person the panel considers necessary to determine the |
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conditions of parole. The panel may impose any reasonable |
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condition of parole on the person that the panel may impose on an |
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adult inmate under this chapter. |
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SECTION 4. Section 61.079(a), Human Resources Code, is |
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amended to read as follows: |
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(a) After a child sentenced to commitment under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years |
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of age but before the child becomes 19 [21] years of age, the |
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commission may refer the child to the juvenile court that entered |
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the order of commitment for approval of the child's transfer to the |
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[institutional division of the] Texas Department of Criminal |
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Justice for confinement if: |
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(1) the child has not completed the sentence; and |
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(2) the child's conduct, regardless of whether the |
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child was released under supervision under Section 61.081, |
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indicates that the welfare of the community requires the transfer. |
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SECTION 5. Sections 61.084(e) and (g), Human Resources |
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Code, are 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 person's 19th [21st] birthday. |
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(g) The commission shall transfer a person who has been |
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sentenced under a determinate sentence to commitment under Section |
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54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been |
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returned to the commission under Section 54.11(i)(1), Family Code, |
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to the custody of the [pardons and paroles division of the] Texas |
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Department of Criminal Justice on the person's 19th [21st] |
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birthday, if the person has not already been discharged or |
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transferred, to serve the remainder of the person's sentence on |
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parole as provided by Section 508.156, Government Code. |
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SECTION 6. Section 61.0841(a), Human Resources Code, is |
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amended to read as follows: |
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(a) Not later than the 90th day before the date the |
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commission transfers a person to the custody of [the pardons and
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paroles division of] the Texas Department of Criminal Justice for |
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release on parole under Section 61.081(f) or 61.084(g) [61.084(f)
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or (g)], the commission shall submit to the department all |
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pertinent information relating to the person, including: |
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(1) the juvenile court judgment; |
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(2) the circumstances of the person's offense; |
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(3) the person's previous social history and juvenile |
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court records; |
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(4) the person's physical and mental health record; |
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(5) a record of the person's conduct, employment |
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history, and attitude while committed to the commission; |
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(6) a record of the sentence time served by the person |
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at the commission and in a juvenile detention facility in |
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connection with the conduct for which the person was adjudicated; |
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and |
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(7) any written comments or information provided by |
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the commission, local officials, or victims of the offense. |
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SECTION 7. The following laws are repealed: |
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(1) Sections 54.04(s) and (t), Family Code; |
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(2) Section 54.05(k), Family Code; and |
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(3) Section 61.084(f), Human Resources Code. |
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SECTION 8. A person committed to the Texas Youth Commission |
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on the basis of conduct constituting the commission of an offense of |
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the grade of misdemeanor under Section 54.04(d)(2), Family Code, as |
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it existed before the effective date of this Act, must be discharged |
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from the custody of the Texas Youth Commission not later than the |
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person's 19th birthday. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |