SB1727 - Relating to procedures related to juvenile justice proceedings, the adjudication and disposition of cases involving delinquent conduct, and certain offenses or conduct committed by a child or by a person placed in or committed to certain juvenile facilities; changing the eligibility for community supervision.

      By: Perry, et al. S.B. No. 1727     (Cook, Virdell, Louderback, Little, Money)           A BILL TO BE ENTITLED   AN ACT   relating to procedures related to juvenile justice proceedings, the   adjudication and disposition of cases involving delinquent   conduct, and certain offenses or conduct committed by a child or by   a person placed in or committed to certain juvenile facilities;   changing the eligibility for community supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.061 to read as follows:           Art.   42A.061.     PLACEMENT ON COMMUNITY SUPERVISION   PROHIBITED FOR CERTAIN OFFENSES COMMITTED IN CERTAIN JUVENILE   FACILITIES. Notwithstanding any other provision of this chapter, a   defendant is not eligible for community supervision, including   deferred adjudication community supervision, under this chapter   for an offense punishable as a felony committed:                 (1)     when the defendant was at least 17 years of age;   and                 (2)  while the defendant was:                       (A)     committed to the Texas Juvenile Justice   Department;                       (B)     placed in a halfway house operated by or   under contract with the Texas Juvenile Justice Department; or                       (C)     placed in a secure correctional facility or   secure detention facility, as defined by Section 51.02, Family   Code.          SECTION 2.  Section 51.031(a), Family Code, is amended to   read as follows:          (a)  Habitual felony conduct is conduct violating a penal law   of the grade of felony, other than a state jail felony, if:                (1)  the child who engaged in the conduct has at least   one [ two ] previous final adjudication [ adjudications ] as having   engaged in delinquent conduct violating a penal law of the grade of   felony;  and                (2)  [ the second previous final adjudication is for   conduct that occurred after the date the first previous   adjudication became final; and                [ (3) ]  all appeals relating to at least one  [ the ]   previous adjudication  [ adjudications ] considered under Subdivision   [ Subdivisions ] (1) [ and (2) ] have been exhausted.          SECTION 3.  Section 53.04(d), Family Code, is amended to   read as follows:          (d)  The petition must state:                (1)  with reasonable particularity the time, place, and   manner of the acts alleged and the penal law or standard of conduct   allegedly violated by the acts;                (2)  the name, age, and residence address, if known, of   the child who is the subject of the petition;                (3)  the names and residence addresses, if known, of   the parent, guardian, or custodian of the child and of the child's   spouse, if any;                (4)  if the child's parent, guardian, or custodian does   not reside or cannot be found in the state, or if their places of   residence are unknown, the name and residence address of any known   adult relative residing in the county or, if there is none, the name   and residence address of the known adult relative residing nearest   to the location of the court; and                (5)  if the child is alleged to have engaged in habitual   felony conduct, the previous adjudication [ adjudications ] in which   the child was found to have engaged in conduct violating a penal law   [ laws ] of the grade of felony.          SECTION 4.  Section 53.045(a), Family Code, is amended to   read as follows:          (a)  Except as provided by Subsection (e), the prosecuting   attorney may refer the petition to the grand jury of the county in   which the court in which the petition is filed presides if the   petition alleges that the child engaged in delinquent conduct that :                 (1)   constitutes habitual felony conduct as described   by Section 51.031 ;                 (2)   [ or that ] included the violation of any of the   following provisions:                       (A)  [ (1) ]  Section 19.02, Penal Code (murder);                       (B)  [ (2) ]  Section 19.03, Penal Code (capital   murder);                       (C)  [ (3) ]  Section 19.04, Penal Code   (manslaughter);                       (D)  [ (4) ]  Section 20.04, Penal Code (aggravated   kidnapping);                       (E)  [ (5) ]  Section 22.011, Penal Code (sexual   assault) or Section 22.021, Penal Code (aggravated sexual assault);                       (F)  [ (6) ]  Section 22.02, Penal Code (aggravated   assault);                       (G)  [ (7) ]  Section 29.03, Penal Code (aggravated   robbery);                       (H)  [ (8) ]  Section 22.04, Penal Code (injury to a   child, elderly individual, or disabled individual), if the offense   is punishable as a felony, other than a state jail felony;                       (I)  [ (9) ]  Section 22.05(b), Penal Code (felony   deadly conduct involving discharging a firearm);                       (J)  [ (10) ]  Subchapter D, Chapter 481, Health and   Safety Code, if the conduct constitutes a felony of the first degree   or an aggravated controlled substance felony (certain offenses   involving controlled substances);                       (K)  [ (11) ]  Section 15.03, Penal Code (criminal   solicitation);                       (L)  [ (12) ]  Section 21.11(a)(1), Penal Code   (indecency with a child);                       (M)  [ (13) ]  Section 15.031, Penal Code (criminal   solicitation of a minor);                       (N)  [ (14) ]  Section 15.01, Penal Code (criminal   attempt), if the offense attempted was an offense under Section   19.02, Penal Code (murder), or Section 19.03, Penal Code (capital   murder), or an offense listed by Article 42A.054(a), Code of   Criminal Procedure;                       (O)  [ (15) ]  Section 28.02, Penal Code (arson), if   bodily injury or death is suffered by any person by reason of the   commission of the conduct;                       (P)  [ (16) ]  Section 49.08, Penal Code   (intoxication manslaughter); or                       (Q)  [ (17) ]  Section 15.02, Penal Code (criminal   conspiracy), if the offense made the subject of the criminal   conspiracy includes a violation of any of the provisions referenced   in Paragraphs (A) [ Subdivisions (1) ] through (P); or                 (3)     constitutes a felony of the first, second, or   third degree committed while the child was:                       (A)     committed to the Texas Juvenile Justice   Department;                       (B)     placed in a halfway house operated by or   under contract with the Texas Juvenile Justice Department; or                       (C)     placed in a secure correctional facility or   secure detention facility, as defined by Section 51.02 [ (16) ].          SECTION 5.  Section 54.05, Family Code, is amended by   amending Subsection (j) and adding Subsections (k), (k-1), and   (k-2) to read as follows:          (j)  If, after conducting a hearing to modify disposition   without a jury, the court finds by a preponderance of the evidence   that a child violated a reasonable and lawful condition of   probation ordered under Section 54.04(q), the court may :                 (1)   modify the disposition to commit the child to the   Texas Juvenile Justice Department under Section 54.04(d)(3) [ or, if   applicable, a post-adjudication secure correctional facility   operated under Section 152.0016, Human Resources Code, ] for a term   that does not exceed the original sentence assessed by the court or   jury ; or                 (2)     if the violation occurred on or after the child's   18th birthday, modify the disposition to transfer the child to:                       (A)     the Texas Department of Criminal Justice for   a term that does not exceed the original sentence assessed by the   court or jury; or                       (B)     an appropriate district court to be placed on   community supervision under Chapter 42A, Code of Criminal   Procedure, as provided by Section 54.051(e) .           (k)     A court modifying a disposition under Subsection   (j)(2)(A) may consider:                 (1)     the experiences and character of the child before   and after being placed on probation;                 (2)     the nature of the conduct violating a penal law for   which the child was placed on probation and the manner in which the   conduct was engaged;                 (3)  the ability of the child to contribute to society;                 (4)     the protection of the victim of the conduct for   which the child was placed on probation or of a family member of the   victim of that conduct;                 (5)     the recommendations of the juvenile probation   department and the attorney representing the state;                 (6)  the best interests of the child; and                 (7)  any other factor the court considers relevant.           (k-1)     A court conducting a hearing under this section for   the purpose of modifying a disposition in the manner described by   Subsection (j)(2)(A) [Text truncated for display. 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