Bill Text: TX HB2491 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the disposition of a juvenile who engages in delinquent conduct that violates a penal law of the grade of state jail felony.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-24 - Reported favorably as substituted [HB2491 Detail]
Download: Texas-2019-HB2491-Introduced.html
86R8128 ADM-D | ||
By: Wu | H.B. No. 2491 |
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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[ |
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(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 [ |
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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) [ |
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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 [ |
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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 [ |
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possible transfer to the Texas Department of Criminal Justice for a | ||
definite term prescribed by[ |
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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. |