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A BILL TO BE ENTITLED
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AN ACT
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relating to the secure confinement of certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.12(j), Family Code, is amended to |
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read as follows: |
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(j) After being taken into custody, a child who is at least |
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14 years of age may be detained in a secure detention facility until |
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the child is released under Section 53.01, 53.012, or 53.02 or until |
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a detention hearing is held under Section 54.01(a), regardless of |
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whether the facility has been certified under Subsection (c), if: |
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(1) a certified juvenile detention facility is not |
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available in the county in which the child is taken into custody; |
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(2) the detention facility complies with: |
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(A) the short-term detention standards adopted |
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by the Texas Juvenile Justice Department [Probation Commission]; |
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and |
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(B) the requirements of Subsection (f); and |
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(3) the detention facility has been designated by the |
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county juvenile board for the county in which the facility is |
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located. |
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SECTION 2. Section 54.04(o), Family Code, is amended to |
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read as follows: |
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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 Juvenile Justice |
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Department [Youth Commission] for engaging in conduct that would |
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not, under state or local law, be a 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 Juvenile Justice Department [Youth
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Commission] for that conduct; and |
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(4) a child younger than 14 years of age may not, under |
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any circumstances, be placed in a post-adjudication secure |
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correctional facility or committed to the Texas Juvenile Justice |
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Department. |
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SECTION 3. Section 54.04011(c), Family Code, as added by |
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Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular |
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Session, 2013, is amended to read as follows: |
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(c) After a disposition hearing held in accordance with |
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Section 54.04, the juvenile court of a county to which this section |
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applies may commit a child who is at least 14 years of age and who is |
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found to have engaged in delinquent conduct that constitutes a |
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felony to a post-adjudication secure correctional facility: |
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(1) without a determinate sentence, if: |
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(A) the child is found to have engaged in conduct |
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that violates a penal law of the grade of felony and the petition |
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was not approved by the grand jury under Section 53.045; |
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(B) the child is found to have engaged in conduct |
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that violates a penal law of the grade of felony and the petition |
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was approved by the grand jury under Section 53.045 but the court or |
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jury does not make the finding described by Section 54.04(m)(2); or |
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(C) the disposition is modified under Section |
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54.05(f); or |
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(2) with a determinate sentence, if: |
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(A) the child is found to have engaged in conduct |
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that included a violation of a penal law listed in Section 53.045 or |
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that is considered habitual felony conduct as described by Section |
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51.031, the petition was approved by the grand jury under Section |
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53.045, and, if applicable, the court or jury makes the finding |
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described by Section 54.04(m)(2); or |
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(B) the disposition is modified under Section |
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54.05(f). |
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SECTION 4. (a) The change in law made by this Act applies to |
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a child who: |
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(1) is detained or confined on or after the effective |
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date of this Act; or |
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(2) on the effective date of this Act is in detention |
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or confinement. |
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(b) Subsection (a) of this section applies regardless of |
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whether the conduct for which the child was detained or confined |
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occurred before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |