| 1 | 1 | | 89R11185 CJD-F |
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| 2 | 2 | | By: Orr H.B. No. 5113 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the age at which a child on determinate sentence |
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| 10 | 10 | | probation may be transferred to a district court and placed on |
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| 11 | 11 | | community supervision. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 54.051(a), (d), and (e-2), Family Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (a) On motion of the state concerning a child who is placed |
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| 16 | 16 | | on probation under Section 54.04(q), the juvenile court: |
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| 17 | 17 | | (1) may, if the child is placed on probation for a |
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| 18 | 18 | | period, including any extension ordered under Section 54.05, that |
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| 19 | 19 | | will continue or has continued after the child's 18th birthday, |
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| 20 | 20 | | hold a hearing to determine whether to transfer the child to an |
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| 21 | 21 | | appropriate district court; or |
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| 22 | 22 | | (2) shall, if the child is placed on probation for a |
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| 23 | 23 | | period, including any extension ordered under Section 54.05, that |
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| 24 | 24 | | will continue after the child's 19th birthday, [the juvenile court |
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| 25 | 25 | | shall] hold a hearing to determine whether to transfer the child to |
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| 26 | 26 | | an appropriate district court or discharge the child from the |
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| 27 | 27 | | sentence of probation. |
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| 28 | 28 | | (d) If, after a hearing, the court determines to transfer |
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| 29 | 29 | | the child, the court shall transfer the child to an appropriate |
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| 30 | 30 | | district court after the child's 18th birthday but not later than on |
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| 31 | 31 | | the child's 19th birthday. |
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| 32 | 32 | | (e-2) If a person who is placed on community supervision |
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| 33 | 33 | | under this section violates a condition of that supervision or if |
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| 34 | 34 | | the person violated a condition of probation ordered under Section |
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| 35 | 35 | | 54.04(q) and that probation violation was not discovered by the |
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| 36 | 36 | | state before the date on which the person is transferred to an |
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| 37 | 37 | | appropriate district court under Subsection (d) [person's 19th |
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| 38 | 38 | | birthday], the district court shall dispose of the violation of |
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| 39 | 39 | | community supervision or probation, as appropriate, in the same |
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| 40 | 40 | | manner as if the court had originally exercised jurisdiction over |
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| 41 | 41 | | the case. If the judge revokes community supervision, the judge may |
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| 42 | 42 | | reduce the prison sentence to any length without regard to the |
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| 43 | 43 | | minimum term imposed by Article 42A.755(a), Code of Criminal |
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| 44 | 44 | | Procedure. |
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| 45 | 45 | | SECTION 2. Section 54.051, Family Code, as amended by this |
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| 46 | 46 | | Act, applies only to conduct that occurs on or after the effective |
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| 47 | 47 | | date of this Act. Conduct that occurs before the effective date of |
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| 48 | 48 | | this Act is governed by the law in effect when the conduct occurred, |
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| 49 | 49 | | and the former law is continued in effect for that purpose. For |
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| 50 | 50 | | purposes of this section, conduct occurs before the effective date |
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| 51 | 51 | | of this Act if any element of the conduct occurs before that date. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2025. |
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