| 1 | 1 | | 84R12114 LEH-F |
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| 2 | 2 | | By: RodrÃguez S.B. No. 1333 |
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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 secure confinement of certain children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 51.12(j), Family Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (j) After being taken into custody, a child who is at least |
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| 12 | 12 | | 14 years of age may be detained in a secure detention facility until |
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| 13 | 13 | | the child is released under Section 53.01, 53.012, or 53.02 or until |
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| 14 | 14 | | a detention hearing is held under Section 54.01(a), regardless of |
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| 15 | 15 | | whether the facility has been certified under Subsection (c), if: |
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| 16 | 16 | | (1) a certified juvenile detention facility is not |
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| 17 | 17 | | available in the county in which the child is taken into custody; |
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| 18 | 18 | | (2) the detention facility complies with: |
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| 19 | 19 | | (A) the short-term detention standards adopted |
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| 20 | 20 | | by the Texas Juvenile Justice Department [Probation Commission]; |
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| 21 | 21 | | and |
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| 22 | 22 | | (B) the requirements of Subsection (f); and |
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| 23 | 23 | | (3) the detention facility has been designated by the |
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| 24 | 24 | | county juvenile board for the county in which the facility is |
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| 25 | 25 | | located. |
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| 26 | 26 | | SECTION 2. Section 54.04(o), Family Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (o) In a disposition under this title: |
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| 29 | 29 | | (1) a status offender may not, under any |
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| 30 | 30 | | circumstances, be committed to the Texas Juvenile Justice |
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| 31 | 31 | | Department [Youth Commission] for engaging in conduct that would |
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| 32 | 32 | | not, under state or local law, be a crime if committed by an adult; |
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| 33 | 33 | | (2) a status offender may not, under any circumstances |
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| 34 | 34 | | other than as provided under Subsection (n), be placed in a |
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| 35 | 35 | | post-adjudication secure correctional facility; [and] |
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| 36 | 36 | | (3) a child adjudicated for contempt of a county, |
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| 37 | 37 | | justice, or municipal court order may not, under any circumstances, |
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| 38 | 38 | | be placed in a post-adjudication secure correctional facility or |
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| 39 | 39 | | committed to the Texas Juvenile Justice Department [Youth |
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| 40 | 40 | | Commission] for that conduct; and |
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| 41 | 41 | | (4) a child younger than 14 years of age may not, under |
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| 42 | 42 | | any circumstances, be placed in a post-adjudication secure |
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| 43 | 43 | | correctional facility or committed to the Texas Juvenile Justice |
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| 44 | 44 | | Department. |
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| 45 | 45 | | SECTION 3. Section 54.04011(c), Family Code, as added by |
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| 46 | 46 | | Chapter 1323 (S.B. 511), Acts of the 83rd Legislature, Regular |
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| 47 | 47 | | Session, 2013, is amended to read as follows: |
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| 48 | 48 | | (c) After a disposition hearing held in accordance with |
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| 49 | 49 | | Section 54.04, the juvenile court of a county to which this section |
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| 50 | 50 | | applies may commit a child who is at least 14 years of age and who is |
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| 51 | 51 | | found to have engaged in delinquent conduct that constitutes a |
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| 52 | 52 | | felony to a post-adjudication secure correctional facility: |
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| 53 | 53 | | (1) without a determinate sentence, if: |
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| 54 | 54 | | (A) the child is found to have engaged in conduct |
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| 55 | 55 | | that violates a penal law of the grade of felony and the petition |
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| 56 | 56 | | was not approved by the grand jury under Section 53.045; |
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| 57 | 57 | | (B) the child is found to have engaged in conduct |
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| 58 | 58 | | that violates a penal law of the grade of felony and the petition |
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| 59 | 59 | | was approved by the grand jury under Section 53.045 but the court or |
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| 60 | 60 | | jury does not make the finding described by Section 54.04(m)(2); or |
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| 61 | 61 | | (C) the disposition is modified under Section |
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| 62 | 62 | | 54.05(f); or |
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| 63 | 63 | | (2) with a determinate sentence, if: |
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| 64 | 64 | | (A) the child is found to have engaged in conduct |
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| 65 | 65 | | that included a violation of a penal law listed in Section 53.045 or |
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| 66 | 66 | | that is considered habitual felony conduct as described by Section |
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| 67 | 67 | | 51.031, the petition was approved by the grand jury under Section |
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| 68 | 68 | | 53.045, and, if applicable, the court or jury makes the finding |
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| 69 | 69 | | described by Section 54.04(m)(2); or |
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| 70 | 70 | | (B) the disposition is modified under Section |
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| 71 | 71 | | 54.05(f). |
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| 72 | 72 | | SECTION 4. (a) The change in law made by this Act applies to |
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| 73 | 73 | | a child who: |
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| 74 | 74 | | (1) is detained or confined on or after the effective |
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| 75 | 75 | | date of this Act; or |
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| 76 | 76 | | (2) on the effective date of this Act is in detention |
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| 77 | 77 | | or confinement. |
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| 78 | 78 | | (b) Subsection (a) of this section applies regardless of |
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| 79 | 79 | | whether the conduct for which the child was detained or confined |
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| 80 | 80 | | occurred before, on, or after the effective date of this Act. |
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| 81 | 81 | | SECTION 5. This Act takes effect September 1, 2015. |
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