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.