BILL ANALYSIS



C.S.H.B. 886
By: Duncan
April 10, 1995
Committee Report (Substituted)


BACKGROUND

Many governmental entities around the state are imposing juvenile
curfews as a way to reduce crime.  The City of Lubbock has a
daytime curfew during school hours, as well as an evening curfew,
and has recently sought to implement an aggressive curfew
enforcement program. Under this program, curfew violators would be
taken into custody and held in a secured facility until such time
as the child may be released to a parent or guardian.

Questions about the legality of detaining juveniles for these
violations have been raised by some of the state's district judges. 
As a result, the Lubbock initiative, and others like it are on hold
until the legislature clarifies the law.

PURPOSE

As proposed, CSHB 886 would amend Chapter 14, Code of Criminal
Procedure by adding Article 14.07 to establish procedures for
dealing with juvenile curfew violators and initiate clear standards
for juvenile curfew processing facilities.

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 Chapter 14, Code of Criminal Procedure, by
adding Article 14.07 as follows:
 
     Art. 14.07.  VIOLATIONS OF JUVENILE CURFEW ORDINANCE OR ORDER. 
     Requires a minor taken into custody for violation of a curfew
ordinance to be 
     released to a parent, guardian, or custodian, taken to court
to answer the charge, or
     taken to a juvenile curfew processing office.  Requires a
juvenile curfew processing office  to follow certain guidelines. 
Provides that a juvenile curfew processing office is not    subject
to the approval of the juvenile board having jurisdiction where the
governmental   entity is located.

SECTION 2.  Provides that any juvenile curfew processing office in
place prior to the effective date of this Act is validated if it
meets the minimum requirements outlined in this Act. 

SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 886 amends Chapter 14 of the Code of Criminal Procedure, while
HB 886 amended Title 3 of the Family Code.  In order to conform the
language to federal standards, CSHB 886 establishes procedures and
standards for the operation of juvenile curfew processing offices
with greater specificity than HB 886.  CSHB 886 requires a child
taken into custody for violation of a juvenile curfew ordinance of
a general or home-rule municipality or a commissioners court order
to be released to his or her parents, taken before a court, or
taken to a juvenile curfew processing office.  SECTION 1(b) of CSHB
886 specifies procedures that a juvenile curfew processing office
must observe.  CSHB 886 provides that a processing office in
existence prior to the effective date of this Act is validated if
it meets the requirements added by this Act.   

SUMMARY OF COMMITTEE ACTION

On 15 February 1995, HB 886 was considered by the committee in a
public hearing. 

The following persons testified in favor of the bill:
     Ellis L. Langston, Lubbock United Neighborhood Association;
     Claude T. Jones, City of Lubbock and City of Lubbock Police
Department.

HB 886 was left pending.

On 29 March 1995 the committee considered a complete substitute
which was adopted without objection. HB 886 was reported favorably
as substituted with the recommendation that it do pass and be
printed by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.