Family Code · §53.045

Offenses Eligible for Determinate Sentence

Offenses Eligible for Determinate Sentence (§53.045): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Limited to listed serious felonies
  • Permits potential transfer to TDCJ on adulthood (age 19)
  • Procedural protections similar to adult prosecution

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Worked examples

Worked example 1

Determinate sentencing under Tex. Fam. Code §53.045 applies in juvenile proceedings to:

  1. All juvenile offenses
  2. Specific enumerated felonies (e.g., capital murder, murder, aggravated kidnapping, aggravated sexual assault, aggravated robbery, certain controlled substance offenses) — allowing potential transfer to TDCJ on adulthood Correct
  3. Only Class A misdemeanors
  4. Only repeat offenders
Why: Determinate sentence procedure applies to the offenses listed in §53.045(a) (e.g., murder, capital murder, manslaughter, aggravated kidnapping, sexual and aggravated sexual assault, aggravated assault, aggravated robbery, and first-degree or aggravated controlled substance felonies under HSC ch. 481, subch. D) and to habitual felony conduct. The petition is referred to a grand jury; a child committed under a determinate sentence may later be transferred to the Texas Department of Criminal Justice after a release or transfer hearing (§54.11).
Statute: Tex. Fam. Code §53.045

Statutory definitions for this topic

Determinate sentence Tex. Fam. Code §53.045
Special juvenile-sentencing procedure for enumerated serious felonies (capital, murder, aggravated kidnapping, aggravated sexual assault, aggravated robbery, etc.). Permits potential transfer to TDCJ at age 19 in addition to standard juvenile alternatives.