88R6713 CJD-D
 
  By: Canales H.B. No. 1520
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Juvenile
Justice Department and the functions of the office of independent
ombudsman for the Texas Juvenile Justice Department.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 42A.054, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
       (b-1)  Article 42A.053 does not apply to a defendant if it is
shown that the defendant committed an offense punishable as a
felony when the defendant was:
             (1)  at least 17 years of age;
             (2)  committed to the Texas Juvenile Justice
Department; and
             (3)  confined in a secure facility operated under
Subtitle C, Title 12, Human Resources Code.
       SECTION 2.  Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
       Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION.  A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
             (1)  is sentenced to a term of imprisonment that
exceeds 10 years;
             (2)  is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
             (3)  is adjudged guilty of an offense under Section
19.02, Penal Code;
             (4)  is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
             (5)  is convicted of an offense under Section 20.04,
Penal Code, if:
                   (A)  the victim of the offense was younger than 14
years of age at the time the offense was committed; and
                   (B)  the actor committed the offense with the
intent to violate or abuse the victim sexually;
             (6)  is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code;
             (7)  is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; [or]
             (8)  is convicted of an offense under Section 481.1123,
Health and Safety Code, if the offense is punishable under
Subsection (d), (e), or (f) of that section; or
             (9)  is convicted of an offense punishable as a felony
when the defendant was:
                   (A)  at least 17 years of age;
                   (B)  committed to the Texas Juvenile Justice
Department; and
                   (C)  confined in a secure facility operated under
Subtitle C, Title 12, Human Resources Code.
       SECTION 3.  Section 51.12(c-1), Family Code, is amended to
read as follows:
       (c-1)  The Texas Juvenile Justice Department shall
[annually] inspect each public or private juvenile
pre-adjudication secure detention facility.  The department shall
provide a report to each juvenile court judge presiding in the same
county as an inspected facility indicating whether the facility is
suitable or unsuitable for the detention of children in accordance
with:
             (1)  the requirements of Subsections (a), (f), and (g);
and
             (2)  minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the department or, at the election of the juvenile board of the
county in which the facility is located, the current standards
promulgated by the American Correctional Association.
       SECTION 4.  Section 51.125(c), Family Code, is amended to
read as follows:
       (c)  The Texas Juvenile Justice Department shall [annually]
inspect each pu

Statutes affected:
Introduced: Family Code 51.125, Family Code 51.126, Family Code 53.045, Family Code 54.02, Family Code 56.01, Human Resources Code 202.001, Human Resources Code 202.005, Human Resources Code 202.006, Human Resources Code 202.010, Human Resources Code 203.001, Human Resources Code 203.002, Human Resources Code 203.0081, Human Resources Code 203.013, Human Resources Code 203.017, Human Resources Code 203.018, Human Resources Code 221.002, Human Resources Code 222.001, Human Resources Code 222.002, Human Resources Code 223.001, Human Resources Code 242.002, Human Resources Code 242.056, Human Resources Code 242.102, Human Resources Code 243.001, Human Resources Code 244.011, Human Resources Code 244.012, Human Resources Code 244.014, Human Resources Code 245.0535, Human Resources Code 261.002, Human Resources Code 261.056, Human Resources Code 261.057, Human Resources Code 261.061, Human Resources Code 261.101, Human Resources Code 261.102, Human Resources Code 261.151, Human Resources Code 261.152 (Human Resources Code 244, Human Resources Code 221, Family Code 53, Human Resources Code 242, Human Resources Code 222, Human Resources Code 223, Human Resources Code 243, Family Code 56, Human Resources Code 245, Human Resources Code 203, Human Resources Code 202, Human Resources Code 261, Family Code 51, Family Code 54)