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A BILL TO BE ENTITLED
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AN ACT
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relating to the operations and functions of the Texas Youth |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers and officers commissioned by the Public |
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Safety Commission and the Director of the Department of Public |
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Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) airport police officers commissioned by a city |
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with a population of more than 1.18 million that operates an airport |
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that serves commercial air carriers; |
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(12) airport security personnel commissioned as peace |
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officers by the governing body of any political subdivision of this |
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state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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(13) municipal park and recreational patrolmen and |
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security officers; |
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(14) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(15) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(16) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(17) investigators commissioned by the Texas Medical |
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[State] Board [of Medical Examiners]; |
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(18) officers commissioned by the board of managers of |
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the Dallas County Hospital District, the Tarrant County Hospital |
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District, or the Bexar County Hospital District under Section |
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281.057, Health and Safety Code; |
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(19) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(20) investigators employed by the Texas Racing |
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Commission; |
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(21) officers commissioned under Chapter 554, |
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Occupations Code; |
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(22) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(23) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(24) security officers and investigators commissioned |
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as peace officers under Chapter 466, Government Code; |
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(25) an officer employed by the [Texas] Department of |
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State Health Services under Section 431.2471, Health and Safety |
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Code; |
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(26) officers appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(27) officers commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(28) an investigator commissioned by the commissioner |
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of insurance under Section 701.104 [Article 1.10D], Insurance Code; |
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(29) apprehension specialists and inspectors general |
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commissioned by the Texas Youth Commission as officers under |
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Sections 61.0451 and [Section] 61.0931, Human Resources Code; |
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(30) officers appointed by the executive director of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(31) investigators commissioned by the Commission on |
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Law Enforcement Officer Standards and Education under Section |
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1701.160, Occupations Code; |
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(32) commission investigators commissioned by the |
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Texas [Commission on] Private Security Board under Section |
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1702.061(f), Occupations Code; |
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(33) the fire marshal and any officers, inspectors, or |
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investigators commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; and |
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(34) officers commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section. |
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SECTION 2. Article 104.003(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In a prosecution of a criminal offense [felony] |
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committed on property owned or operated by or under contract with |
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[while the actor was a prisoner in the custody of] the Texas |
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Department of Criminal Justice or the Texas Youth Commission |
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[Corrections or a prosecution of an offense committed in the
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department by any person under Chapter 21, Acts of 55th
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Legislature, Regular Session, 1957 (Article 6184m, Vernon's Texas
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Civil Statutes), or Chapter 481, Health and Safety Code, or
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Sections 485.031 through 485.035, Health and Safety Code], the |
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state shall reimburse the county for expenses incurred by the |
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county, in an amount that the court determines to be reasonable, for |
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payment of: |
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(1) salaries and expenses of foreign language |
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interpreters and interpreters for deaf persons whose services are |
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necessary to the prosecution; |
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(2) consultation fees of experts whose assistance is |
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directly related to the prosecution; |
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(3) travel expenses for witnesses; |
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(4) expenses for the food, lodging, and compensation |
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of jurors; |
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(5) compensation of witnesses; |
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(6) the cost of preparation of a statement of facts and |
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a transcript of the trial for purposes of appeal; |
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(7) if the death of a person is an element of the |
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offense, expenses of an inquest relating to the death; |
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(8) food, lodging, and travel expenses incurred by the |
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prosecutor's staff during travel essential to the prosecution of |
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the offense; |
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(9) court reporter's fees; and |
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(10) the cost of special security officers. |
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SECTION 3. 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. |
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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 4. 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 5. Section 499.053, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Subsections (b), (c), and (d) do not apply to a person |
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transferred from the Texas Youth Commission under Section |
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61.084(h)(3), Human Resources Code. |
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SECTION 6. 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 7. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1561 to read as follows: |
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Sec. 508.1561. PAROLE WITHOUT DETERMINATE SENTENCE. (a) |
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Before the release of a person who is transferred under Section |
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61.084(h)(2), Human Resources Code, to the department for release |
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on parole, a parole panel shall review the person's records and may |
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interview the person or any other person the panel considers |
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necessary to determine the conditions of parole. The panel may |
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impose any reasonable condition of parole on the person that the |
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panel may impose on an adult inmate under this chapter. |
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(b) The panel shall furnish the person with a written |
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statement clearly describing the conditions and rules of parole. |
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The person must accept and sign the statement as a precondition to |
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release on parole. |
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(c) While on parole, the person remains in the legal custody |
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of the state and shall comply with the conditions of parole ordered |
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by a panel under this section. |
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(d) The period of parole for a person released on parole |
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under this section is a term of not more than two years. |
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(e) If a parole panel revokes the person's parole, the panel |
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may require the person to be confined in the department to serve the |
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remaining portion of the person's term. A person serving a term of |
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parole under this section on the basis of conduct violating a penal |
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law of the grade of state jail felony may only be confined in a state |
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jail under this subsection. The panel may not recommit the person to |
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the Texas Youth Commission. |
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(f) For purposes of this chapter, a person released from the |
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Texas Youth Commission on parole under this section is considered |
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to have been convicted of the offense for which the person has been |
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adjudicated. |
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SECTION 8. Sections 61.012(a) and (b), Human Resources |
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Code, are amended to read as follows: |
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(a) The governing board of the Texas Youth Commission |
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consists of five [seven] members appointed by the governor with the |
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consent of the senate. Appointments to the board shall be made |
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without regard to the race, color, disability, sex, religion, age, |
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or national origin of the appointees. |
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(b) Members of the board must be citizens who are recognized |
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within their communities for their interest in youth. At least one |
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member of the board must be a member of a child advocacy |
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organization and at least one member of the board must be a member |
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of a victim's advocacy organization. |
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SECTION 9. Subchapter C, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0331 to read as follows: |
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Sec. 61.0331. INTERNAL AUDIT; REPORT. (a) The commission |
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shall regularly conduct internal audits of the commission, |
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including audits of correctional facilities operated by the |
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commission. |
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(b) The commission shall on a quarterly basis report the |
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results of the audits to the committees of the senate and house of |
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representatives with primary jurisdiction over matters concerning |
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correctional facilities. |
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SECTION 10. Subchapter C, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.0451 to read as follows: |
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Sec. 61.0451. OFFICE OF INSPECTOR GENERAL. (a) The |
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commission shall establish an office of inspector general for the |
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purpose of investigating: |
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(1) fraud committed by commission employees, |
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including parole officers employed by or under a contract with the |
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commission; and |
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(2) crimes committed at a facility operated by the |
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commission or at a residential facility operated by another entity |
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under a contract with the commission. |
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(b) The office of inspector general shall report the results |
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of any investigation conducted under this section to the board. |
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(c) The office of inspector general may employ and |
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commission inspectors general as peace officers for the purpose of |
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carrying out the duties described by this section. An inspector |
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general shall have all of the powers and duties given to peace |
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officers under Article 2.13, Code of Criminal Procedure. |
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(d) Peace officers employed and commissioned under |
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Subsection (c) must be certified by the Commission on Law |
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Enforcement Officer Standards and Education under Chapter 1701, |
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Occupations Code. |
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(e) The board shall appoint a commissioned peace officer as |
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chief inspector general. The chief inspector general: |
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(1) is subject to the requirements of this section; |
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and |
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(2) shall report information regarding the operations |
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of the office of inspector general to the board on request of the |
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board. |
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(f) The commission by rule shall establish policies and |
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procedures for the operations of the office of inspector general. |
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SECTION 11. 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 12. Section 61.084, Human Resources Code, is |
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amended by amending Subsections (e) and (g) and adding Subsections |
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(h) and (i) to read as follows: |
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(e) Except as provided by Subsection [(f) or] (g) or (h)(2) |
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or (3), the commission shall discharge from its custody a person not |
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already 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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(h) On the 19th birthday of a person who has been committed |
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without a determinate sentence to the custody of the commission |
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under Section 54.04(d)(2), Family Code, the commission shall: |
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(1) discharge the person from the commission's |
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custody; |
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(2) transfer the person to the custody of the Texas |
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Department of Criminal Justice to serve a term of not more than two |
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years on parole as provided by Section 508.1561, Government Code; |
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or |
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(3) transfer the person to the custody of the Texas |
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Department of Criminal Justice to serve a sentence of confinement |
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of not more than two years, with eligibility for release on parole |
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in the manner provided by Section 508.145(f), Government Code. |
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(i) A person transferred to the custody of the Texas |
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Department of Criminal Justice for confinement under Subsection |
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(h)(3) on the basis of conduct violating a penal law of the grade of |
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state jail felony may only be confined in a state jail. |
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SECTION 13. The heading to Section 61.0841, Human Resources |
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Code, is amended to read as follows: |
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Sec. 61.0841. DETERMINATE SENTENCE PAROLE AND PAROLE |
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WITHOUT DETERMINATE SENTENCE. |
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SECTION 14. 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) or (h)(2) |
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[61.084(f) or (g)], the commission shall submit to the department |
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all 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 |
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person 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 15. Subchapter G, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.098 to read as follows: |
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Sec. 61.098. PROSECUTION OF CERTAIN CRIMES OCCURRING AT |
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COMMISSION FACILITY. In a county in which property owned or |
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operated by or under contract with the commission is located, the |
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district attorney, criminal district attorney, or county attorney |
|
performing the duties of a district attorney, as appropriate, may |
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request that the special prosecution unit prosecute an offense |
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described under Article 104.003(a), Code of Criminal Procedure, |
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that is committed on that property. |
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SECTION 16. 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 17. A person committed to the Texas Youth |
|
Commission on the basis of conduct constituting the commission of |
|
an offense of the grade of misdemeanor under Section 54.04(d)(2), |
|
Family Code, as it existed before the effective date of this Act, |
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must be discharged from the custody of the Texas Youth Commission |
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not later than the person's 19th birthday. |
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SECTION 18. As soon as practicable after the effective date |
|
of this Act, the Texas Youth Commission shall establish the office |
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of inspector general as required by Section 61.0451, Human |
|
Resources Code, as added by this Act. |
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SECTION 19. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2007. |