86R8128 ADM-D
By: Wu H.B. No. 2491
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of a juvenile who engages in delinquent
conduct that violates a penal law of the grade of state jail felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.04(d), Family Code, is amended to
read as follows:
(d) If the court or jury makes the finding specified in
Subsection (c) allowing the court to make a disposition in the case:
(1) the court or jury may, in addition to any order
required or authorized under Section 54.041 or 54.042, place the
child on probation on such reasonable and lawful terms as the court
may determine:
(A) in the child's own home or in the custody of a
relative or other fit person; or
(B) subject to the finding under Subsection (c)
on the placement of the child outside the child's home, in:
(i) a suitable foster home;
(ii) a suitable public or private
residential treatment facility licensed by a state governmental
entity or exempted from licensure by state law, except a facility
operated by the Texas Juvenile Justice Department; or
(iii) a suitable public or private
post-adjudication secure correctional facility that meets the
requirements of Section 51.125, except a facility operated by the
Texas Juvenile Justice Department;
(2) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that violates a penal law of this state or the United States of the
grade of felony, other than a state jail felony, the court or jury
made a special commitment finding under Section 54.04013, and the
petition was not approved by the grand jury under Section 53.045,
the court may commit the child to the Texas Juvenile Justice
Department under Section 54.04013[, or a post-adjudication secure
correctional facility under Section 54.04011(c)(1), as
applicable,] without a determinate sentence;
(3) if the court or jury found at the conclusion of the
adjudication hearing that the child engaged in delinquent conduct
that included a violation of a penal law listed in Section 53.045(a)
and if the petition was approved by the grand jury under Section
53.045, the court or jury may sentence the child to commitment in
the Texas Juvenile Justice Department [or a post-adjudication
secure correctional facility under Section 54.04011(c)(2)] with a
possible transfer to the Texas Department of Criminal Justice for a
term of:
(A) not more than 40 years if the conduct
constitutes:
(i) a capital felony;
(ii) a felony of the first degree; or
(iii) an aggravated controlled substance
felony;
(B) not more than 20 years if the conduct
constitutes a felony of the second degree; or
(C) not more than 10 years if the conduct
constitutes a felony of the third degree;
(4) the court may assign the child an appropriate
sanction level and sanctions as provided by the assignment
guidelines in Section 59.003;
(5) the court may place the child in a suitable
nonsecure correctional facility that is registered and meets the
applicable standards for the facility as provided by Section
51.126; or
(6) if applicable, the court or jury may make a
disposition under Subsection (m) [or Section 54.04011(c)(2)(A)].
SECTION 2. Section 54.04013, Family Code, is amended to
read as follows:
Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
DEPARTMENT. Notwithstanding any other provision of this code,
after a disposition hearing held in accordance with Section 54.04,
the juvenile court may commit a child who is found to have engaged
in delinquent conduct that constitutes a felony offense, other than
a state jail felony, to the Texas Juvenile Justice Department
without a determinate sentence if the court makes a special
commitment finding that the child has behavioral health or other
special needs that cannot be met with the resources available in the
community. The court should consider the findings of a validated
risk and needs assessment and the findings of any other appropriate
professional assessment available to the court.
SECTION 3. Section 54.05(f), Family Code, is amended to
read as follows:
(f) Except as provided by Subsection (j), a disposition
based on a finding that the child engaged in delinquent conduct that
violates a penal law of this state or the United States of the grade
of felony, other than a state jail felony, may be modified so as to
commit the child to the Texas Juvenile Justice Department [or, if
applicable, a post-adjudication secure correctional facility
operated under Section 152.0016, Human Resources Code,] if the
court after a hearing to modify disposition finds by a
preponderance of the evidence that the child violated a reasonable
and lawful order of the court. A disposition based on a finding
that the child engaged in habitual felony conduct as described by
Section 51.031 or in delinquent conduct that included a violation
of a penal law listed in Section 53.045(a) may be modified to commit
the child to the Texas Juvenile Justice Department [or, if
applicable, a post-adjudication secure correctional facility
operated under Section 152.0016, Human Resources Code,] with a
possible transfer to the Texas Department of Criminal Justice for a
definite term prescribed by[, as applicable,] Section 54.04(d)(3)
[or Section 152.0016(g), Human Resources Code,] if the original
petition was approved by the grand jury under Section 53.045 and if
after a hearing to modify the disposition the court finds that the
child violated a reasonable and lawful order of the court.
SECTION 4. This Act applies only to conduct that occurs on
or after the effective date of this Act. Conduct that occurs before
the effective date of this Act is governed by the law in effect on
the date the conduct occurred, and the former law is continued in
effect for that purpose. For the purposes of this section, conduct
occurred before the effective date of this Act if any element of the
conduct occurred before that date.
SECTION 5. This Act takes effect September 1, 2019.