85R1737 LHC-F     By: Rodríguez S.B. No. 424       A BILL TO BE ENTITLED   AN ACT   relating to the secure confinement of certain children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.04(o), Family Code, is amended to   read as follows:          (o)  In a disposition under this title:                (1)  a status offender may not, under any   circumstances, be committed to the Texas Juvenile Justice   Department for engaging in conduct that would not, under state or   local law, be a crime if committed by an adult;                (2)  a status offender may not, under any circumstances   other than as provided under Subsection (n), be placed in a   post-adjudication secure correctional facility; [and]                (3)  a child adjudicated for contempt of a county,   justice, or municipal court order may not, under any circumstances,   be placed in a post-adjudication secure correctional facility or   committed to the Texas Juvenile Justice Department for that   conduct;                (4)  a child younger than 14 years of age may not, under   any circumstances, be committed to the Texas Juvenile Justice   Department; and                (5)  a child younger than 14 years of age may not be   placed in a post-adjudication secure correctional facility except   as provided by Section 54.04011(c-1).          SECTION 2.  Section 54.04011, Family Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  Subject to Subsection (c-1), after [After] a   disposition hearing held in accordance with Section 54.04, the   juvenile court of a county to which this section applies may commit   a child who is found to have engaged in delinquent conduct that   constitutes a felony to a post-adjudication secure correctional   facility:                (1)  without a determinate sentence, if:                      (A)  the child is found to have engaged in conduct   that violates a penal law of the grade of felony and the petition   was not approved by the grand jury under Section 53.045;                      (B)  the child is found to have engaged in conduct   that violates a penal law of the grade of felony and the petition   was approved by the grand jury under Section 53.045 but the court or   jury does not make the finding described by Section 54.04(m)(2); or                      (C)  the disposition is modified under Section   54.05(f); or                (2)  with a determinate sentence, if:                      (A)  the child is found to have engaged in conduct   that included a violation of a penal law listed in Section 53.045 or   that is considered habitual felony conduct as described by Section   51.031, the petition was approved by the grand jury under Section   53.045, and, if applicable, the court or jury makes the finding   described by Section 54.04(m)(2); or                      (B)  the disposition is modified under Section   54.05(f).          (c-1)  After a disposition hearing held in accordance with   Section 54.04, the juvenile court of a county to which this section   applies may commit a child who is younger than 14 years of age and   who is found to have engaged in delinquent conduct that constitutes   a felony to a post-adjudication secure correctional facility as   provided by Subsection (c) only if the court finds that:                (1)  as determined by a validated risk and needs   assessment, the child is an at-risk child or has significant needs   that cannot be met outside of a residential setting; and                (2)  no other reasonable placement is available for the   child.          SECTION 3.  (a)  The change in law made by this Act applies to   a child who:                (1)  is detained or confined on or after the effective   date of this Act; or                (2)  on the effective date of this Act is in detention   or confinement.          (b)  Subsection (a) of this section applies regardless of   whether the conduct for which the child was detained or confined   occurred before, on, or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2017.