By: Whitmire S.B. No. 2191
A BILL TO BE ENTITLED
AN ACT
relating to the confinement of a defendant pending trial and
detention or placement of a juvenile offender.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.154 to read as follows:
Art. 17.154. CONFINEMENT OF DEFENDANT DENIED BAIL. If a
judge or magistrate denies a defendant's release on bail pending
trial, the judge or magistrate shall order that the defendant be
confined in a jail that is located in this state.
SECTION 2. Article 17.27, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.27. WHEN BAIL IS NOT PROVIDED [GIVEN]. If, after
the allowance of a reasonable period [time], the accused is unable
to provide the required bail bond [security be not given], the
magistrate shall [make an] order that [committing] the accused be
confined in a [to] jail that is located in this state [to be kept
safely until legally discharged; and he shall issue a commitment
accordingly].
SECTION 3. Section 51.12(j), Family Code, is amended to
read as follows:
(j) After being taken into custody, a child may be detained
in a secure detention facility located in this state until the child
is released under Section 53.01, 53.012, or 53.02 or until a
detention hearing is held under Section 54.01(a), regardless of
whether the facility has been certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Justice Department; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
SECTION 4. Section 54.04, Family Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) Subject to Subsection (d-1), if [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, 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)].
(d-1) A child may not be placed under Subsection (d) in a
facility located outside this state unless the receiving facility
accepts supervision of the child when the child's parent or other
person having legal custody resides or is undertaking residence in
that state.
SECTION 5. (a) Article 17.154, Code of Criminal Procedure,
as added by this Act, and Article 17.27, Code of Criminal Procedure,
as amended by this Act, apply only to a person who is arrested on or
after the effective date of this Act. A person arrested before the
effective date of this Act is governed by the law in effect on the
date the person was arrested, and the former law is continued in
effect for that purpose.
(b) Sections 51.12 and 54.04, Family Code, as amended by
this Act, do not apply to the detention or placement of children in
a facility in another state under an agreement entered into or
renewed before the effective date of this Act. An agreement for the
detention or placement of children in a facility in another state
entered into or renewed before the effective date of this Act is
governed by the law in effect on the date the agreement was entered
into or renewed, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2019.