|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the disposition of a juvenile who engages in delinquent |
|
conduct that violates a penal law of the grade of state jail felony. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 54.04(d), Family Code, is amended to |
|
read as follows: |
|
(d) If the court or jury makes the finding specified in |
|
Subsection (c) allowing the court to make a disposition in the case: |
|
(1) the court or jury may, in addition to any order |
|
required or authorized under Section 54.041 or 54.042, place the |
|
child on probation on such reasonable and lawful terms as the court |
|
may determine: |
|
(A) in the child's own home or in the custody of a |
|
relative or other fit person; or |
|
(B) subject to the finding under Subsection (c) |
|
on the placement of the child outside the child's home, in: |
|
(i) a suitable foster home; |
|
(ii) a suitable public or private |
|
residential treatment facility licensed by a state governmental |
|
entity or exempted from licensure by state law, except a facility |
|
operated by the Texas Juvenile Justice Department; or |
|
(iii) a suitable public or private |
|
post-adjudication secure correctional facility that meets the |
|
requirements of Section 51.125, except a facility operated by the |
|
Texas Juvenile Justice Department; |
|
(2) if the court or jury found at the conclusion of the |
|
adjudication hearing that the child engaged in delinquent conduct |
|
that violates a penal law of this state or the United States of the |
|
grade of felony, other than a state jail felony, the court or jury |
|
made a special commitment finding under Section 54.04013, and the |
|
petition was not approved by the grand jury under Section 53.045, |
|
the court may commit the child to the Texas Juvenile Justice |
|
Department under Section 54.04013[, or a post-adjudication secure
|
|
correctional facility under Section 54.04011(c)(1), as
|
|
applicable,] without a determinate sentence; |
|
(3) if the court or jury found at the conclusion of the |
|
adjudication hearing that the child engaged in delinquent conduct |
|
that included a violation of a penal law listed in Section 53.045(a) |
|
and if the petition was approved by the grand jury under Section |
|
53.045, the court or jury may sentence the child to commitment in |
|
the Texas Juvenile Justice Department [or a post-adjudication
|
|
secure correctional facility under Section 54.04011(c)(2)] with a |
|
possible transfer to the Texas Department of Criminal Justice for a |
|
term of: |
|
(A) not more than 40 years if the conduct |
|
constitutes: |
|
(i) a capital felony; |
|
(ii) a felony of the first degree; or |
|
(iii) an aggravated controlled substance |
|
felony; |
|
(B) not more than 20 years if the conduct |
|
constitutes a felony of the second degree; or |
|
(C) not more than 10 years if the conduct |
|
constitutes a felony of the third degree; |
|
(4) the court may assign the child an appropriate |
|
sanction level and sanctions as provided by the assignment |
|
guidelines in Section 59.003; |
|
(5) the court may place the child in a suitable |
|
nonsecure correctional facility that is registered and meets the |
|
applicable standards for the facility as provided by Section |
|
51.126; or |
|
(6) if applicable, the court or jury may make a |
|
disposition under Subsection (m) [or Section 54.04011(c)(2)(A)]. |
|
SECTION 2. Section 54.04013, Family Code, is amended to |
|
read as follows: |
|
Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE |
|
DEPARTMENT. Notwithstanding any other provision of this code, |
|
after a disposition hearing held in accordance with Section 54.04, |
|
the juvenile court may commit a child who is found to have engaged |
|
in delinquent conduct that constitutes a felony offense, other than |
|
a state jail felony, to the Texas Juvenile Justice Department |
|
without a determinate sentence if the court makes a special |
|
commitment finding that the child has behavioral health or other |
|
special needs that cannot be met with the resources available in the |
|
community. The court should consider the findings of a validated |
|
risk and needs assessment and the findings of any other appropriate |
|
professional assessment available to the court. |
|
SECTION 3. Section 54.05(f), Family Code, is amended to |
|
read as follows: |
|
(f) Except as provided by Subsection (j), a disposition |
|
based on a finding that the child engaged in delinquent conduct that |
|
violates a penal law of this state or the United States of the grade |
|
of felony, other than a state jail felony, may be modified so as to |
|
commit the child to the Texas Juvenile Justice Department [or, if
|
|
applicable, a post-adjudication secure correctional facility
|
|
operated under Section 152.0016, Human Resources Code,] if the |
|
court after a hearing to modify disposition finds by a |
|
preponderance of the evidence that the child violated a reasonable |
|
and lawful order of the court. A disposition based on a finding |
|
that the child engaged in habitual felony conduct as described by |
|
Section 51.031 or in delinquent conduct that included a violation |
|
of a penal law listed in Section 53.045(a) may be modified to commit |
|
the child to the Texas Juvenile Justice Department [or, if
|
|
applicable, a post-adjudication secure correctional facility
|
|
operated under Section 152.0016, Human Resources Code,] with a |
|
possible transfer to the Texas Department of Criminal Justice for a |
|
definite term prescribed by[, as applicable,] Section 54.04(d)(3) |
|
[or Section 152.0016(g), Human Resources Code,] if the original |
|
petition was approved by the grand jury under Section 53.045 and if |
|
after a hearing to modify the disposition the court finds that the |
|
child violated a reasonable and lawful order of the court. |
|
SECTION 4. This Act applies only to conduct that occurs on |
|
or after the effective date of this Act. Conduct that occurs before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the conduct occurred, and the former law is continued in |
|
effect for that purpose. For the purposes of this section, conduct |
|
occurred before the effective date of this Act if any element of the |
|
conduct occurred before that date. |
|
SECTION 5. This Act takes effect September 1, 2019. |