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.