Texas 2019 - 86th Regular

Texas House Bill HB2491 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8128 ADM-D
2	2	By: Wu H.B. No. 2491
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of a juvenile who engages in delinquent
8	8	conduct that violates a penal law of the grade of state jail felony.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 54.04(d), Family Code, is amended to
11	11	read as follows:
12	12	(d) If the court or jury makes the finding specified in
13	13	Subsection (c) allowing the court to make a disposition in the case:
14	14	(1) the court or jury may, in addition to any order
15	15	required or authorized under Section 54.041 or 54.042, place the
16	16	child on probation on such reasonable and lawful terms as the court
17	17	may determine:
18	18	(A) in the child's own home or in the custody of a
19	19	relative or other fit person; or
20	20	(B) subject to the finding under Subsection (c)
21	21	on the placement of the child outside the child's home, in:
22	22	(i) a suitable foster home;
23	23	(ii) a suitable public or private
24	24	residential treatment facility licensed by a state governmental
25	25	entity or exempted from licensure by state law, except a facility
26	26	operated by the Texas Juvenile Justice Department; or
27	27	(iii) a suitable public or private
28	28	post-adjudication secure correctional facility that meets the
29	29	requirements of Section 51.125, except a facility operated by the
30	30	Texas Juvenile Justice Department;
31	31	(2) if the court or jury found at the conclusion of the
32	32	adjudication hearing that the child engaged in delinquent conduct
33	33	that violates a penal law of this state or the United States of the
34	34	grade of felony, other than a state jail felony, the court or jury
35	35	made a special commitment finding under Section 54.04013, and the
36	36	petition was not approved by the grand jury under Section 53.045,
37	37	the court may commit the child to the Texas Juvenile Justice
38	38	Department under Section 54.04013[, or a post-adjudication secure
39	39	correctional facility under Section 54.04011(c)(1), as
40	40	applicable,] without a determinate sentence;
41	41	(3) if the court or jury found at the conclusion of the
42	42	adjudication hearing that the child engaged in delinquent conduct
43	43	that included a violation of a penal law listed in Section 53.045(a)
44	44	and if the petition was approved by the grand jury under Section
45	45	53.045, the court or jury may sentence the child to commitment in
46	46	the Texas Juvenile Justice Department [or a post-adjudication
47	47	secure correctional facility under Section 54.04011(c)(2)] with a
48	48	possible transfer to the Texas Department of Criminal Justice for a
49	49	term of:
50	50	(A) not more than 40 years if the conduct
51	51	constitutes:
52	52	(i) a capital felony;
53	53	(ii) a felony of the first degree; or
54	54	(iii) an aggravated controlled substance
55	55	felony;
56	56	(B) not more than 20 years if the conduct
57	57	constitutes a felony of the second degree; or
58	58	(C) not more than 10 years if the conduct
59	59	constitutes a felony of the third degree;
60	60	(4) the court may assign the child an appropriate
61	61	sanction level and sanctions as provided by the assignment
62	62	guidelines in Section 59.003;
63	63	(5) the court may place the child in a suitable
64	64	nonsecure correctional facility that is registered and meets the
65	65	applicable standards for the facility as provided by Section
66	66	51.126; or
67	67	(6) if applicable, the court or jury may make a
68	68	disposition under Subsection (m) [or Section 54.04011(c)(2)(A)].
69	69	SECTION 2. Section 54.04013, Family Code, is amended to
70	70	read as follows:
71	71	Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
72	72	DEPARTMENT. Notwithstanding any other provision of this code,
73	73	after a disposition hearing held in accordance with Section 54.04,
74	74	the juvenile court may commit a child who is found to have engaged
75	75	in delinquent conduct that constitutes a felony offense, other than
76	76	a state jail felony, to the Texas Juvenile Justice Department
77	77	without a determinate sentence if the court makes a special
78	78	commitment finding that the child has behavioral health or other
79	79	special needs that cannot be met with the resources available in the
80	80	community. The court should consider the findings of a validated
81	81	risk and needs assessment and the findings of any other appropriate
82	82	professional assessment available to the court.
83	83	SECTION 3. Section 54.05(f), Family Code, is amended to
84	84	read as follows:
85	85	(f) Except as provided by Subsection (j), a disposition
86	86	based on a finding that the child engaged in delinquent conduct that
87	87	violates a penal law of this state or the United States of the grade
88	88	of felony, other than a state jail felony, may be modified so as to
89	89	commit the child to the Texas Juvenile Justice Department [or, if
90	90	applicable, a post-adjudication secure correctional facility
91	91	operated under Section 152.0016, Human Resources Code,] if the
92	92	court after a hearing to modify disposition finds by a
93	93	preponderance of the evidence that the child violated a reasonable
94	94	and lawful order of the court. A disposition based on a finding
95	95	that the child engaged in habitual felony conduct as described by
96	96	Section 51.031 or in delinquent conduct that included a violation
97	97	of a penal law listed in Section 53.045(a) may be modified to commit
98	98	the child to the Texas Juvenile Justice Department [or, if
99	99	applicable, a post-adjudication secure correctional facility
100	100	operated under Section 152.0016, Human Resources Code,] with a
101	101	possible transfer to the Texas Department of Criminal Justice for a
102	102	definite term prescribed by[, as applicable,] Section 54.04(d)(3)
103	103	[or Section 152.0016(g), Human Resources Code,] if the original
104	104	petition was approved by the grand jury under Section 53.045 and if
105	105	after a hearing to modify the disposition the court finds that the
106	106	child violated a reasonable and lawful order of the court.
107	107	SECTION 4. This Act applies only to conduct that occurs on
108	108	or after the effective date of this Act. Conduct that occurs before
109	109	the effective date of this Act is governed by the law in effect on
110	110	the date the conduct occurred, and the former law is continued in
111	111	effect for that purpose. For the purposes of this section, conduct
112	112	occurred before the effective date of this Act if any element of the
113	113	conduct occurred before that date.
114	114	SECTION 5. This Act takes effect September 1, 2019.