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A BILL TO BE ENTITLED
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AN ACT
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relating to the places and conditions of detention for certain |
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juvenile offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.12(h), Family Code, is amended to |
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read as follows: |
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(h) This section does not apply to a person: |
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(1) who is at least 17 years of age and who has been |
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transferred [after transfer] to criminal court for prosecution |
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under Section 54.02; or |
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(2) who is at least 17 years of age and who has been |
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taken into custody after having: |
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(A) escaped from a juvenile facility operated by |
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or under contract with the Texas Youth Commission; or |
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(B) violated a condition of release under |
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supervision of the Texas Youth Commission. |
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SECTION 2. Section 51.13(c), Family Code, is amended to |
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read as follows: |
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(c) A child may not be committed or transferred to a penal |
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institution or other facility used primarily for the execution of |
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sentences of persons convicted of crime, except: |
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(1) for temporary detention in a jail or lockup |
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pending juvenile court hearing or disposition under conditions |
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meeting the requirements of Section 51.12 [of this code]; |
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(2) if the child is 17 years of age or older, after |
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transfer for prosecution in criminal court under Section 54.02 [of
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this code]; [or] |
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(3) if the child is younger than 17 years of age, after |
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conviction of an offense for which the child was transferred for |
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prosecution in criminal court under Section 54.02; or |
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(4) after transfer from the Texas Youth Commission |
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under Section 61.084, Human Resources Code. |
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SECTION 3. Section 54.02(h), Family Code, is amended to |
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read as follows: |
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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver and certify |
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its action, including the written order and findings of the court, |
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and shall transfer the person to the appropriate court for criminal |
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proceedings and cause the results of the diagnostic study of the |
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person ordered under Subsection (d), including psychological |
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information, to be transferred to the appropriate criminal |
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prosecutor. On transfer of the person for criminal proceedings, the |
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person shall be dealt with as an adult and in accordance with the |
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Code of Criminal Procedure, except that if the person is younger |
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than 17 years of age, the person may be detained only as provided by |
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Section 51.12. Subject to the provisions of this subsection, the |
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[The] transfer of custody is an arrest. |
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SECTION 4. Article 42.09, Code of Criminal Procedure, is |
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amended by amending Section 1 and adding Section 10 to read as |
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follows: |
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Sec. 1. Except as provided in Sections 2, [and] 3, and 10, a |
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defendant shall be delivered to a jail or to the [institutional
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division of the] Texas Department of Criminal Justice when the |
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defendant's [his] sentence is pronounced, or the defendant's [his] |
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sentence to death is announced, by the court. The defendant's |
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sentence begins to run on the day it is pronounced, but with all |
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credits, if any, allowed by Article 42.03. |
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Sec. 10. The court shall order a defendant to be delivered |
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to a certified detention facility, a secure detention facility, or |
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a county jail or other facility that complies with the requirements |
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for detaining a child at the facility under Section 51.12, Family |
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Code, if: |
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(1) the defendant is younger than 17 years of age on |
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the date sentence is pronounced; and |
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(2) the defendant has been sentenced to the Texas |
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Department of Criminal Justice and is waiting for a transfer to the |
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department. |
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SECTION 5. (a) The change in law made by this Act applies |
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only to the detention of a child for conduct that occurs on or after |
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the effective date of this Act. Conduct violating a penal law that |
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occurs before the effective date of this Act is governed by the law |
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in effect when the conduct occurred, and the former law is continued |
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in effect for that purpose. |
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(b) For purposes of this section, conduct violating a penal |
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law occurred before the effective date of this Act if any element of |
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the violation occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |