| 1 | 1 | | 81R9954 NC-D |
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| 2 | 2 | | By: Turner of Harris H.B. No. 3663 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the places and conditions of detention for certain |
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| 8 | 8 | | juvenile offenders. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.12(h), Family Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (h) This section does not apply to a person: |
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| 13 | 13 | | (1) who is at least 17 years of age and who has been |
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| 14 | 14 | | transferred [after transfer] to criminal court for prosecution |
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| 15 | 15 | | under Section 54.02; or |
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| 16 | 16 | | (2) who is at least 17 years of age and who has been |
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| 17 | 17 | | taken into custody after having: |
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| 18 | 18 | | (A) escaped from a juvenile facility operated by |
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| 19 | 19 | | or under contract with the Texas Youth Commission; or |
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| 20 | 20 | | (B) violated a condition of release under |
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| 21 | 21 | | supervision of the Texas Youth Commission. |
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| 22 | 22 | | SECTION 2. Section 51.13(c), Family Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | (c) A child may not be committed or transferred to a penal |
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| 25 | 25 | | institution or other facility used primarily for the execution of |
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| 26 | 26 | | sentences of persons convicted of crime, except: |
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| 27 | 27 | | (1) for temporary detention in a jail or lockup |
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| 28 | 28 | | pending juvenile court hearing or disposition under conditions |
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| 29 | 29 | | meeting the requirements of Section 51.12 [of this code]; |
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| 30 | 30 | | (2) if the child is 17 years of age or older, after |
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| 31 | 31 | | transfer for prosecution in criminal court under Section 54.02 [of |
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| 32 | 32 | | this code]; [or] |
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| 33 | 33 | | (3) if the child is younger than 17 years of age, after |
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| 34 | 34 | | conviction of an offense for which the child was transferred for |
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| 35 | 35 | | prosecution in criminal court under Section 54.02; or |
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| 36 | 36 | | (4) after transfer from the Texas Youth Commission |
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| 37 | 37 | | under Section 61.084, Human Resources Code. |
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| 38 | 38 | | SECTION 3. Section 54.02(h), Family Code, is amended to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | (h) If the juvenile court waives jurisdiction, it shall |
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| 41 | 41 | | state specifically in the order its reasons for waiver and certify |
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| 42 | 42 | | its action, including the written order and findings of the court, |
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| 43 | 43 | | and shall transfer the person to the appropriate court for criminal |
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| 44 | 44 | | proceedings and cause the results of the diagnostic study of the |
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| 45 | 45 | | person ordered under Subsection (d), including psychological |
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| 46 | 46 | | information, to be transferred to the appropriate criminal |
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| 47 | 47 | | prosecutor. On transfer of the person for criminal proceedings, the |
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| 48 | 48 | | person shall be dealt with as an adult and in accordance with the |
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| 49 | 49 | | Code of Criminal Procedure, except that if the person is younger |
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| 50 | 50 | | than 17 years of age, the person may be detained only as provided by |
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| 51 | 51 | | Section 51.12. Subject to the provisions of this subsection, the |
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| 52 | 52 | | [The] transfer of custody is an arrest. |
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| 53 | 53 | | SECTION 4. Article 42.09, Code of Criminal Procedure, is |
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| 54 | 54 | | amended by amending Section 1 and adding Section 10 to read as |
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| 55 | 55 | | follows: |
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| 56 | 56 | | Sec. 1. Except as provided in Sections 2, [and] 3, and 10, a |
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| 57 | 57 | | defendant shall be delivered to a jail or to the [institutional |
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| 58 | 58 | | division of the] Texas Department of Criminal Justice when the |
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| 59 | 59 | | defendant's [his] sentence is pronounced, or the defendant's [his] |
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| 60 | 60 | | sentence to death is announced, by the court. The defendant's |
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| 61 | 61 | | sentence begins to run on the day it is pronounced, but with all |
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| 62 | 62 | | credits, if any, allowed by Article 42.03. |
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| 63 | 63 | | Sec. 10. The court shall order a defendant to be delivered |
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| 64 | 64 | | to a certified detention facility, a secure detention facility, or |
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| 65 | 65 | | a county jail or other facility that complies with the requirements |
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| 66 | 66 | | for detaining a child at the facility under Section 51.12, Family |
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| 67 | 67 | | Code, if: |
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| 68 | 68 | | (1) the defendant is younger than 17 years of age on |
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| 69 | 69 | | the date sentence is pronounced; and |
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| 70 | 70 | | (2) the defendant has been sentenced to the Texas |
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| 71 | 71 | | Department of Criminal Justice and is waiting for a transfer to the |
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| 72 | 72 | | department. |
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| 73 | 73 | | SECTION 5. (a) The change in law made by this Act applies |
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| 74 | 74 | | only to the detention of a child for conduct that occurs on or after |
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| 75 | 75 | | the effective date of this Act. Conduct violating a penal law that |
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| 76 | 76 | | occurs before the effective date of this Act is governed by the law |
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| 77 | 77 | | in effect when the conduct occurred, and the former law is continued |
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| 78 | 78 | | in effect for that purpose. |
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| 79 | 79 | | (b) For purposes of this section, conduct violating a penal |
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| 80 | 80 | | law occurred before the effective date of this Act if any element of |
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| 81 | 81 | | the violation occurred before that date. |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2009. |
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