BILL ANALYSIS H.B. 138 By: Puente April 12, 1995 Committee Report (Unamended) BACKGROUND Currently, Section 53.02 of the Family Code allows officials to detain a juvenile prior to hearing only if he is accused of committing a felony, even if he is found to present a possible danger to himself or others. The current law would not allow a juvenile accused of a misdemeanor, crimes such as assault or criminal trespass with a deadly weapon, to be held prior to hearing. In some instances, juveniles who have been accused of crimes and present a danger to either themselves or others could not be held under current law. The rise in juvenile crime statistics, especially violent crimes, has made it imperative that the Legislature give officials the authority to effectively deal with the problem. PURPOSE HB 138 would change the law to allow detention for juveniles accused of crimes which are not felonies when they are found to present a danger to themselves or others. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 53.02(b), Family Code, to change the language from "committing a felony" to "engaging in conduct that constitutes an" offense. SECTION 2. Amends Section 54.01(e), Family Code, to change the language from "committing a felony" to "engaging in conduct that constitutes an" offense. SECTION 3. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 138 was considered in a public hearing on 8 March 1995. The following person testified neutrally on the bill: Robert Dawson, representing himself. The bill was left pending in committee. On 11 April 1995, H.B. 138 was considered in a formal meeting. The bill was reported favorably without amendment and with the recommendation that it do pass and be printed by a record vote of 9 ayes, 0 nays, 0 pnv, 0 absent.