82R1422 KCR-D
By: Whitmire S.B. No. 1208
A BILL TO BE ENTITLED
AN ACT
relating to the age until which juveniles placed on determinate
sentence probation may be on probation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.0412, Family Code, is amended to read
as follows:
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
The court retains jurisdiction over a person, without regard to the
age of the person, who is a respondent in an adjudication
proceeding, a disposition proceeding, a proceeding to modify
disposition, or a motion for transfer of determinate sentence
probation to an appropriate district court if:
(1) the petition or[,] motion to modify[, or motion
for transfer] was filed while the respondent was younger than 18
years of age, or the motion for transfer was filed while the
respondent was younger than 19 years of age;
(2) the proceeding is not complete before the
respondent becomes 18 or 19 years of age, as applicable; and
(3) the court enters a finding in the proceeding that
the prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 18 or 19 years
of age, as applicable.
SECTION 2. Section 54.04(q), Family Code, is amended to
read as follows:
(q) If a court or jury sentences a child to commitment in the
Texas Youth Commission under Subsection (d)(3) for a term of not
more than 10 years, the court or jury may place the child on
probation under Subsection (d)(1) as an alternative to making the
disposition under Subsection (d)(3). The court shall prescribe the
period of probation ordered under this subsection for a term of not
more than 10 years. The court may, before the sentence of probation
expires, extend the probationary period under Section 54.05, except
that the sentence of probation and any extension may not exceed 10
years. The court may, before the child's 19th [18th] birthday,
discharge the child from the sentence of probation. If a sentence
of probation ordered under this subsection and any extension of
probation ordered under Section 54.05 will continue after the
child's 19th [18th] birthday, the court shall discharge the child
from the sentence of probation on the child's 19th [18th] birthday
unless the court transfers the child to an appropriate district
court under Section 54.051.
SECTION 3. Section 54.0405(i), Family Code, is amended to
read as follows:
(i) A court that requires as a condition of probation that a
child attend psychological counseling under Subsection (a) may,
before the date the probation period ends, extend the probation for
any additional period necessary to complete the required counseling
as determined by the treatment provider, except that the probation
may not be extended to a date after the date of the child's 18th
birthday, or 19th birthday if the child is placed on determinate
sentence probation under Section 54.04(q).
SECTION 4. Section 54.041(h), Family Code, is amended to
read as follows:
(h) If the juvenile court places the child on probation in a
determinate sentence proceeding initiated under Section 53.045 and
transfers supervision on the child's 19th [18th] birthday to a
district court for placement on community supervision, the district
court shall require the payment of any unpaid restitution as a
condition of the community supervision. The liability of the
child's parent for restitution may not be extended by transfer to a
district court for supervision.
SECTION 5. Sections 54.05(a) and (b), Family Code, are
amended to read as follows:
(a) Any disposition, except a commitment to the Texas Youth
Commission, may be modified by the juvenile court as provided in
this section until:
(1) the child reaches:
(A) the child's [his] 18th birthday; or
(B) the child's 19th birthday, if the child was
placed on determinate sentence probation under Section 54.04(q); or
(2) the child is earlier discharged by the court or
operation of law.
(b) Except for a commitment to the Texas Youth Commission or
a placement on determinate sentence probation under Section
54.04(q), all dispositions automatically terminate when the child
reaches the child's [his] 18th birthday.
SECTION 6. Sections 54.051(a), (b), (c), (d), and (e-2),
Family Code, are amended to read as follows:
(a) On motion of the state concerning a child who is placed
on probation under Section 54.04(q) for a period, including any
extension ordered under Section 54.05, that will continue after the
child's 19th [18th] birthday, the juvenile court shall hold a
hearing to determine whether to transfer the child to an
appropriate district court or discharge the child from the sentence
of probation.
(b) The hearing must be conducted before the child's 19th
[18th] birthday and in the same manner as a hearing to modify
disposition under Section 54.05.
(c) If, after a hearing, the court determines to discharge
the child, the court shall specify a date on or before the child's
19th [18th] birthday to discharge the child from the sentence of
probation.
(d) If, after a hearing, the court determines to transfer
the child, the court shall transfer the child to an appropriate
district court on the child's 19th [18th] birthday.
(e-2) If a child who is placed on community supervision
under this section violates a condition of that supervision or if
the child violated a condition of probation ordered under Section
54.04(q) and that probation violation was not discovered by the
state before the child's 19th [18th] birthday, the district court
shall dispose of the violation of community supervision or
probation, as appropriate, in the same manner as if the court had
originally exercised jurisdiction over the case. If the judge
revokes community supervision, the judge may reduce the prison
sentence to any length without regard to the minimum term imposed by
Section 23(a), Article 42.12, Code of Criminal Procedure.
SECTION 7. Except as otherwise provided by this Act, the
changes in law made by this Act in amending a provision of Title 3,
Family Code, apply only to conduct that violates a penal law and
that occurs on or after the effective date of this Act. Conduct
that violates a penal law and that occurs before the effective date
of this Act is covered by the law in effect at the time the conduct
occurred, and the former law is continued in effect for that
purpose. For the purposes of this section, conduct violating a
penal law occurs before the effective date of this Act if every
element of the violation occurred before that date.
SECTION 8. This Act takes effect September 1, 2011.