Texas Family Code - Section 59.003. Sanction Level Assignment Model
Legal Research Home >
Texas Lawyer > Family Code > Texas Family Code - Section 59.003. Sanction Level Assignment Model
§ 59.003. SANCTION LEVEL ASSIGNMENT MODEL. (a) Subject
to Subsection (e), after a child's first commission of delinquent
conduct or conduct indicating a need for supervision, the probation
department or prosecuting attorney may, or the juvenile court may,
in a disposition hearing under Section 54.04 or a modification
hearing under Section 54.05, assign a child one of the following
sanction levels according to the child's conduct:
(1) for conduct indicating a need for supervision,
other than conduct described in Section 51.03(b)(5) or a Class A or
B misdemeanor, the sanction level is one;
(2) for conduct indicating a need for supervision
under Section 51.03(b)(5) or a Class A or B misdemeanor, other than
a misdemeanor involving the use or possession of a firearm, or for
delinquent conduct under Section 51.03(a)(2), the sanction level is
two;
(3) for a misdemeanor involving the use or possession
of a firearm or for a state jail felony or a felony of the third
degree, the sanction level is three;
(4) for a felony of the second degree, the sanction
level is four;
(5) for a felony of the first degree, other than a
felony involving the use of a deadly weapon or causing serious
bodily injury, the sanction level is five;
(6) for a felony of the first degree involving the use
of a deadly weapon or causing serious bodily injury, for an
aggravated controlled substance felony, or for a capital felony,
the sanction level is six; or
(7) for a felony of the first degree involving the use
of a deadly weapon or causing serious bodily injury, for an
aggravated controlled substance felony, or for a capital felony, if
the petition has been approved by a grand jury under Section 53.045,
or if a petition to transfer the child to criminal court has been
filed under Section 54.02, the sanction level is seven.
(b) Subject to Subsection (e), if the child subsequently is
found to have engaged in delinquent conduct in an adjudication
hearing under Section 54.03 or a hearing to modify a disposition
under Section 54.05 on two separate occasions and each involves a
violation of a penal law of a classification that is less than the
classification of the child's previous conduct, the juvenile court
may assign the child a sanction level that is one level higher than
the previously assigned sanction level, unless the child's
previously assigned sanction level is six.
(c) Subject to Subsection (e), if the child's subsequent
commission of delinquent conduct or conduct indicating a need for
supervision involves a violation of a penal law of a classification
that is the same as or greater than the classification of the
child's previous conduct, the juvenile court may assign the child a
sanction level authorized by law that is one level higher than the
previously assigned sanction level.
(d) Subject to Subsection (e), if the child's previously
assigned sanction level is four or five and the child's subsequent
commission of delinquent conduct is of the grade of felony, the
juvenile court may assign the child a sanction level that is one
level higher than the previously assigned sanction level.
(e) The probation department may, in accordance with
Section 54.05, request the extension of a period of probation
specified under sanction levels one through five if the
circumstances of the child warrant the extension.
(f) Before the court assigns the child a sanction level that
involves the revocation of the child's probation and the commitment
of the child to the Texas Youth Commission, the court shall hold a
hearing to modify the disposition as required by Section 54.05.
Added by Acts 1995, 74th Leg., ch. 262, § 53, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1015, § 19, eff. June 19,
1997; Acts 1997, 75th Leg., ch. 1086, § 22, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1477, § 20, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1297, § 42, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 479, § 4, 5, eff. Sept. 1, 2003.
Section: 58.303 58.304 58.305 58.306 58.307 59.001 59.002 59.003 59.004 59.005 59.006 59.007 59.008 59.009 59.010
Last modified: August 11, 2007
|
