84R12114 LEH-F
 
  By: Rodríguez S.B. No. 1333
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the secure confinement of certain children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.12(j), Family Code, is amended to
  read as follows:
         (j)  After being taken into custody, a child who is at least
  14 years of age may be detained in a secure detention facility until
  the child is released under Section 53.01, 53.012, or 53.02 or until
  a detention hearing is held under Section 54.01(a), regardless of
  whether the facility has been certified under Subsection (c), if:
               (1)  a certified juvenile detention facility is not
  available in the county in which the child is taken into custody;
               (2)  the detention facility complies with:
                     (A)  the short-term detention standards adopted
  by the Texas Juvenile Justice Department [Probation Commission];
  and
                     (B)  the requirements of Subsection (f); and
               (3)  the detention facility has been designated by the
  county juvenile board for the county in which the facility is
  located.
         SECTION 2.  Section 54.04(o), Family Code, is amended to
  read as follows:
         (o)  In a disposition under this title:
               (1)  a status offender may not, under any
  circumstances, be committed to the Texas Juvenile Justice
  Department [Youth Commission] for engaging in conduct that would
  not, under state or local law, be a crime if committed by an adult;
               (2)  a status offender may not, under any circumstances
  other than as provided under Subsection (n), be placed in a
  post-adjudication secure correctional facility; [and]
               (3)  a child adjudicated for contempt of a county,
  justice, or municipal court order may not, under any circumstances,
  be placed in a post-adjudication secure correctional facility or
  committed to the Texas Juvenile Justice Department [Youth
  Commission] for that conduct; and
               (4)  a child younger than 14 years of age may not, under
  any circumstances, be placed in a post-adjudication secure
  correctional facility or committed to the Texas Juvenile Justice
  Department.
         SECTION 3.  Section 54.04011(c), Family Code, as added by
  Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular
  Session, 2013, is amended to read as follows:
         (c)  After a disposition hearing held in accordance with
  Section 54.04, the juvenile court of a county to which this section
  applies may commit a child who is at least 14 years of age and who is
  found to have engaged in delinquent conduct that constitutes a
  felony to a post-adjudication secure correctional facility:
               (1)  without a determinate sentence, if:
                     (A)  the child is found to have engaged in conduct
  that violates a penal law of the grade of felony and the petition
  was not approved by the grand jury under Section 53.045;
                     (B)  the child is found to have engaged in conduct
  that violates a penal law of the grade of felony and the petition
  was approved by the grand jury under Section 53.045 but the court or
  jury does not make the finding described by Section 54.04(m)(2); or
                     (C)  the disposition is modified under Section
  54.05(f); or
               (2)  with a determinate sentence, if:
                     (A)  the child is found to have engaged in conduct
  that included a violation of a penal law listed in Section 53.045 or
  that is considered habitual felony conduct as described by Section
  51.031, the petition was approved by the grand jury under Section
  53.045, and, if applicable, the court or jury makes the finding
  described by Section 54.04(m)(2); or
                     (B)  the disposition is modified under Section
  54.05(f).
         SECTION 4.  (a) The change in law made by this Act applies to
  a child who:
               (1)  is detained or confined on or after the effective
  date of this Act; or
               (2)  on the effective date of this Act is in detention
  or confinement.
         (b)  Subsection (a) of this section applies regardless of
  whether the conduct for which the child was detained or confined
  occurred before, on, or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2015.