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AN ACT
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relating to the age until which juveniles placed on determinate |
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sentence probation may be on probation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.0412, Family Code, is amended to read |
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as follows: |
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Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. |
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The court retains jurisdiction over a person, without regard to the |
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age of the person, who is a respondent in an adjudication |
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proceeding, a disposition proceeding, a proceeding to modify |
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disposition, or a motion for transfer of determinate sentence |
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probation to an appropriate district court if: |
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(1) the petition or[,] motion to modify[, or motion
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for transfer] was filed while the respondent was younger than 18 |
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years of age or the motion for transfer was filed while the |
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respondent was younger than 19 years of age; |
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(2) the proceeding is not complete before the |
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respondent becomes 18 or 19 years of age, as applicable; and |
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(3) the court enters a finding in the proceeding that |
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the prosecuting attorney exercised due diligence in an attempt to |
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complete the proceeding before the respondent became 18 or 19 years |
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of age, as applicable. |
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SECTION 2. Subsection (q), Section 54.04, Family Code, is |
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amended to read as follows: |
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(q) If a court or jury sentences a child to commitment in the |
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Texas Youth Commission under Subsection (d)(3) for a term of not |
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more than 10 years, the court or jury may place the child on |
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probation under Subsection (d)(1) as an alternative to making the |
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disposition under Subsection (d)(3). The court shall prescribe the |
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period of probation ordered under this subsection for a term of not |
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more than 10 years. The court may, before the sentence of probation |
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expires, extend the probationary period under Section 54.05, except |
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that the sentence of probation and any extension may not exceed 10 |
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years. The court may, before the child's 19th [18th] birthday, |
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discharge the child from the sentence of probation. If a sentence |
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of probation ordered under this subsection and any extension of |
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probation ordered under Section 54.05 will continue after the |
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child's 19th [18th] birthday, the court shall discharge the child |
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from the sentence of probation on the child's 19th [18th] birthday |
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unless the court transfers the child to an appropriate district |
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court under Section 54.051. |
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SECTION 3. Subsection (i), Section 54.0405, Family Code, is |
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amended to read as follows: |
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(i) A court that requires as a condition of probation that a |
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child attend psychological counseling under Subsection (a) may, |
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before the date the probation period ends, extend the probation for |
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any additional period necessary to complete the required counseling |
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as determined by the treatment provider, except that the probation |
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may not be extended to a date after the date of the child's 18th |
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birthday, or 19th birthday if the child is placed on determinate |
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sentence probation under Section 54.04(q). |
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SECTION 4. Subsection (h), Section 54.041, Family Code, is |
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amended to read as follows: |
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(h) If the juvenile court places the child on probation in a |
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determinate sentence proceeding initiated under Section 53.045 and |
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transfers supervision on the child's 19th [18th] birthday to a |
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district court for placement on community supervision, the district |
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court shall require the payment of any unpaid restitution as a |
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condition of the community supervision. The liability of the |
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child's parent for restitution may not be extended by transfer to a |
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district court for supervision. |
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SECTION 5. Subsections (a) and (b), Section 54.05, Family |
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Code, are amended to read as follows: |
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(a) Any disposition, except a commitment to the Texas Youth |
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Commission, may be modified by the juvenile court as provided in |
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this section until: |
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(1) the child reaches: |
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(A) the child's [his] 18th birthday; or |
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(B) the child's 19th birthday, if the child was |
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placed on determinate sentence probation under Section 54.04(q); or |
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(2) the child is earlier discharged by the court or |
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operation of law. |
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(b) Except for a commitment to the Texas Youth Commission or |
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a placement on determinate sentence probation under Section |
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54.04(q), all dispositions automatically terminate when the child |
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reaches the child's [his] 18th birthday. |
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SECTION 6. Subsections (a) through (d) and (e-2), Section |
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54.051, Family Code, are amended to read as follows: |
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(a) On motion of the state concerning a child who is placed |
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on probation under Section 54.04(q) for a period, including any |
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extension ordered under Section 54.05, that will continue after the |
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child's 19th [18th] birthday, the juvenile court shall hold a |
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hearing to determine whether to transfer the child to an |
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appropriate district court or discharge the child from the sentence |
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of probation. |
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(b) The hearing must be conducted before the child's 19th |
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[18th] birthday and in the same manner as a hearing to modify |
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disposition under Section 54.05. |
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(c) If, after a hearing, the court determines to discharge |
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the child, the court shall specify a date on or before the child's |
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19th [18th] birthday to discharge the child from the sentence of |
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probation. |
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(d) If, after a hearing, the court determines to transfer |
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the child, the court shall transfer the child to an appropriate |
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district court on the child's 19th [18th] birthday. |
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(e-2) If a child who is placed on community supervision |
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under this section violates a condition of that supervision or if |
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the child violated a condition of probation ordered under Section |
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54.04(q) and that probation violation was not discovered by the |
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state before the child's 19th [18th] birthday, the district court |
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shall dispose of the violation of community supervision or |
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probation, as appropriate, in the same manner as if the court had |
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originally exercised jurisdiction over the case. If the judge |
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revokes community supervision, the judge may reduce the prison |
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sentence to any length without regard to the minimum term imposed by |
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Section 23(a), Article 42.12, Code of Criminal Procedure. |
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SECTION 7. Except as otherwise provided by this Act, the |
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changes in law made by this Act in amending a provision of Title 3, |
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Family Code, apply only to conduct that violates a penal law and |
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that occurs on or after the effective date of this Act. Conduct |
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that violates a penal law and that occurs before the effective date |
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of this Act is covered by the law in effect at the time the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For the purposes of this section, conduct violating a |
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penal law occurs before the effective date of this Act if every |
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element of the violation occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1208 passed the Senate on |
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May 4, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1208 passed the House on |
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May 20, 2011, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |