Texas 2019 - 86th Regular

Texas Senate Bill SB2191 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Whitmire S.B. No. 2191
2		-	(Collier)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the confinement of a defendant pending trial and
8	7		detention or placement of a juvenile offender.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Chapter 17, Code of Criminal Procedure, is
11	10		amended by adding Article 17.154 to read as follows:
12	11		Art. 17.154. CONFINEMENT OF DEFENDANT DENIED BAIL. If a
13	12		judge or magistrate denies a defendant's release on bail pending
14	13		trial, the judge or magistrate shall order that the defendant be
15	14		confined in a jail that is located in this state.
16	15		SECTION 2. Article 17.27, Code of Criminal Procedure, is
17	16		amended to read as follows:
18	17		Art. 17.27. WHEN BAIL IS NOT PROVIDED [GIVEN]. If, after
19	18		the allowance of a reasonable period [time], the accused is unable
20	19		to provide the required bail bond [security be not given], the
21	20		magistrate shall [make an] order that [committing] the accused be
22	21		confined in a [to] jail that is located in this state [to be kept
23	22		safely until legally discharged; and he shall issue a commitment
24	23		accordingly].
25	24		SECTION 3. Section 51.12(j), Family Code, is amended to
26	25		read as follows:
27	26		(j) After being taken into custody, a child may be detained
28	27		in a secure detention facility located in this state until the child
29	28		is released under Section 53.01, 53.012, or 53.02 or until a
30	29		detention hearing is held under Section 54.01(a), regardless of
31	30		whether the facility has been certified under Subsection (c), if:
32	31		(1) a certified juvenile detention facility is not
33	32		available in the county in which the child is taken into custody;
34	33		(2) the detention facility complies with:
35	34		(A) the short-term detention standards adopted
36	35		by the Texas Juvenile Justice Department; and
37	36		(B) the requirements of Subsection (f); and
38	37		(3) the detention facility has been designated by the
39	38		county juvenile board for the county in which the facility is
40	39		located.
41	40		SECTION 4. Section 54.04, Family Code, is amended by
42	41		amending Subsection (d) and adding Subsection (d-1) to read as
43	42		follows:
44	43		(d) Subject to Subsection (d-1), if [If] the court or jury
45	44		makes the finding specified in Subsection (c) allowing the court to
46	45		make a disposition in the case:
47	46		(1) the court or jury may, in addition to any order
48	47		required or authorized under Section 54.041 or 54.042, place the
49	48		child on probation on such reasonable and lawful terms as the court
50	49		may determine:
51	50		(A) in the child's own home or in the custody of a
52	51		relative or other fit person; or
53	52		(B) subject to the finding under Subsection (c)
54	53		on the placement of the child outside the child's home, in:
55	54		(i) a suitable foster home;
56	55		(ii) a suitable public or private
57	56		residential treatment facility licensed by a state governmental
58	57		entity or exempted from licensure by state law, except a facility
59	58		operated by the Texas Juvenile Justice Department; or
60	59		(iii) a suitable public or private
61	60		post-adjudication secure correctional facility that meets the
62	61		requirements of Section 51.125, except a facility operated by the
63	62		Texas Juvenile Justice Department;
64	63		(2) if the court or jury found at the conclusion of the
65	64		adjudication hearing that the child engaged in delinquent conduct
66	65		that violates a penal law of this state or the United States of the
67	66		grade of felony, the court or jury made a special commitment finding
68	67		under Section 54.04013, and the petition was not approved by the
69	68		grand jury under Section 53.045, the court may commit the child to
70	69		the Texas Juvenile Justice Department under Section 54.04013[, or a
71	70		post-adjudication secure correctional facility under Section
72	71		54.04011(c)(1), as applicable,] without a determinate sentence;
73	72		(3) if the court or jury found at the conclusion of the
74	73		adjudication hearing that the child engaged in delinquent conduct
75	74		that included a violation of a penal law listed in Section 53.045(a)
76	75		and if the petition was approved by the grand jury under Section
77	76		53.045, the court or jury may sentence the child to commitment in
78	77		the Texas Juvenile Justice Department [or a post-adjudication
79	78		secure correctional facility under Section 54.04011(c)(2)] with a
80	79		possible transfer to the Texas Department of Criminal Justice for a
81	80		term of:
82	81		(A) not more than 40 years if the conduct
83	82		constitutes:
84	83		(i) a capital felony;
85	84		(ii) a felony of the first degree; or
86	85		(iii) an aggravated controlled substance
87	86		felony;
88	87		(B) not more than 20 years if the conduct
89	88		constitutes a felony of the second degree; or
90	89		(C) not more than 10 years if the conduct
91	90		constitutes a felony of the third degree;
92	91		(4) the court may assign the child an appropriate
93	92		sanction level and sanctions as provided by the assignment
94	93		guidelines in Section 59.003;
95	94		(5) the court may place the child in a suitable
96	95		nonsecure correctional facility that is registered and meets the
97	96		applicable standards for the facility as provided by Section
98	97		51.126; or
99	98		(6) if applicable, the court or jury may make a
100	99		disposition under Subsection (m) [or Section 54.04011(c)(2)(A)].
101	100		(d-1) A child may not be placed under Subsection (d) in a
102	101		facility located outside this state unless the receiving facility
103	102		accepts supervision of the child when the child's parent or other
104	103		person having legal custody resides or is undertaking residence in
105	104		that state.
106	105		SECTION 5. (a) Article 17.154, Code of Criminal Procedure,
107	106		as added by this Act, and Article 17.27, Code of Criminal Procedure,
108	107		as amended by this Act, apply only to a person who is arrested on or
109	108		after the effective date of this Act. A person arrested before the
110	109		effective date of this Act is governed by the law in effect on the
111	110		date the person was arrested, and the former law is continued in
112	111		effect for that purpose.
113	112		(b) Sections 51.12 and 54.04, Family Code, as amended by
114	113		this Act, do not apply to the detention or placement of children in
115	114		a facility in another state under an agreement entered into or
116	115		renewed before the effective date of this Act. An agreement for the
117	116		detention or placement of children in a facility in another state
118	117		entered into or renewed before the effective date of this Act is
119	118		governed by the law in effect on the date the agreement was entered
120	119		into or renewed, and the former law is continued in effect for that
121	120		purpose.
122	121		SECTION 6. This Act takes effect September 1, 2019.