Texas Family Code 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 § 54.04 or a modification hearing under § 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 § 51.03(b)(3) or (4) or a Class A or B misdemeanor, the sanction level is one;
(2) for conduct indicating a need for supervision under § 51.03(b)(3) or (4) or a Class A or B misdemeanor, other than a misdemeanor involving the use or possession of a firearm, or for delinquent conduct under § 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 § 53.045, or if a petition to transfer the child to criminal court has been filed under § 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 § 54.03 or a hearing to modify a disposition under § 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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Capital felony | up to life | up to $ |
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Family Code 59.003
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(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 § 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 Juvenile Justice Department, the court shall hold a hearing to modify the disposition as required by § 54.05.