81R9954 NC-D
By: Turner of Harris H.B. No. 3663
A BILL TO BE ENTITLED
AN ACT
relating to the places and conditions of detention for certain
juvenile offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.12(h), Family Code, is amended to
read as follows:
(h) This section does not apply to a person:
(1) who is at least 17 years of age and who has been
transferred [after transfer] to criminal court for prosecution
under Section 54.02; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Youth Commission; or
(B) violated a condition of release under
supervision of the Texas Youth Commission.
SECTION 2. Section 51.13(c), Family Code, is amended to
read as follows:
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12 [of this code];
(2) if the child is 17 years of age or older, after
transfer for prosecution in criminal court under Section 54.02 [of
this code]; [or]
(3) if the child is younger than 17 years of age, after
conviction of an offense for which the child was transferred for
prosecution in criminal court under Section 54.02; or
(4) after transfer from the Texas Youth Commission
under Section 61.084, Human Resources Code.
SECTION 3. Section 54.02(h), Family Code, is amended to
read as follows:
(h) If the juvenile court waives jurisdiction, it shall
state specifically in the order its reasons for waiver and certify
its action, including the written order and findings of the court,
and shall transfer the person to the appropriate court for criminal
proceedings and cause the results of the diagnostic study of the
person ordered under Subsection (d), including psychological
information, to be transferred to the appropriate criminal
prosecutor. On transfer of the person for criminal proceedings, the
person shall be dealt with as an adult and in accordance with the
Code of Criminal Procedure, except that if the person is younger
than 17 years of age, the person may be detained only as provided by
Section 51.12. Subject to the provisions of this subsection, the
[The] transfer of custody is an arrest.
SECTION 4. Article 42.09, Code of Criminal Procedure, is
amended by amending Section 1 and adding Section 10 to read as
follows:
Sec. 1. Except as provided in Sections 2, [and] 3, and 10, a
defendant shall be delivered to a jail or to the [institutional
division of the] Texas Department of Criminal Justice when the
defendant's [his] sentence is pronounced, or the defendant's [his]
sentence to death is announced, by the court. The defendant's
sentence begins to run on the day it is pronounced, but with all
credits, if any, allowed by Article 42.03.
Sec. 10. The court shall order a defendant to be delivered
to a certified detention facility, a secure detention facility, or
a county jail or other facility that complies with the requirements
for detaining a child at the facility under Section 51.12, Family
Code, if:
(1) the defendant is younger than 17 years of age on
the date sentence is pronounced; and
(2) the defendant has been sentenced to the Texas
Department of Criminal Justice and is waiting for a transfer to the
department.
SECTION 5. (a) The change in law made by this Act applies
only to the detention of a child for conduct that occurs on or after
the effective date of this Act. Conduct violating a penal law that
occurs before the effective date of this Act is governed by the law
in effect when the conduct occurred, and the former law is continued
in effect for that purpose.
(b) For purposes of this section, conduct violating a penal
law occurred before the effective date of this Act if any element of
the violation occurred before that date.
SECTION 6. This Act takes effect September 1, 2009.