Texas 2021 - 87th Regular

Texas House Bill HB3994 Compare Versions

OldNewDifferences
1-87R21307 LHC-D
2- By: Neave, Wu H.B. No. 3994
3- Substitute the following for H.B. No. 3994:
4- By: Ramos C.S.H.B. No. 3994
1+87R11871 LHC-D
2+ By: Neave H.B. No. 3994
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75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the modification of a disposition by a juvenile court
108 after a child's violation of a condition of probation.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Section 54.05, Family Code, is amended by adding
13- Subsections (n) and (o) to read as follows:
11+ Subsection (n) to read as follows:
1412 (n) If a court finds after a hearing to modify disposition
1513 that a child violated a condition of probation by engaging in
1614 conduct that does not violate a penal law of this state, the court
1715 may not modify the disposition by ordering the placement of the
18- child in a juvenile facility solely because of the violation
19- unless:
20- (1) the conduct indicates that the child may be
21- dangerous to the child's self or may threaten the safety of the
22- public; or
23- (2) the placement is in a facility specifically
24- designated to treat a diagnosed condition, including:
25- (A) a residential treatment center;
26- (B) a chemical dependency treatment facility
27- licensed under Chapter 464, Health and Safety Code; or
28- (C) a facility where the child is treated by a sex
29- offender treatment provider.
30- (o) In this section:
31- (1) "Residential treatment center" means a general
32- residential operation that:
33- (A) provides care for 13 or more children or
34- young adults; and
35- (B) exclusively provides treatment services for
36- children or young adults with emotional disorders.
37- (2) "Sex offender treatment provider" has the meaning
38- assigned by Section 110.001, Occupations Code.
39- SECTION 2. The change in law made by this Act applies only
40- to conduct that occurs on or after September 1, 2021. Conduct that
41- occurred before September 1, 2021, is governed by the law in effect
42- on the date the conduct occurred, and the former law is continued in
43- effect for that purpose. For purposes of this section, conduct
44- occurred before September 1, 2021, if any element of the conduct
45- occurred before that date.
16+ child in a juvenile facility solely because of the violation unless
17+ the conduct indicates that the child may be dangerous to the child's
18+ self or may threaten the safety of the public.
19+ SECTION 2. Section 54.05(n), Family Code, as added by this
20+ Act, applies only to conduct that occurs on or after September 1,
21+ 2021. Conduct that occurred before September 1, 2021, is governed
22+ by the law in effect on the date the conduct occurred, and the
23+ former law is continued in effect for that purpose. For purposes of
24+ this section, conduct occurred before September 1, 2021, if any
25+ element of the conduct occurred before that date.
4626 SECTION 3. This Act takes effect September 1, 2021.