By Puente                                              H.B. No. 138
       74R1974 JBN-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the detention of a child alleged to have committed an
    1-3  offense.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 53.02(b), Family Code, is amended to read
    1-6  as follows:
    1-7        (b)  A child taken into custody may be detained prior to
    1-8  hearing on the petition only if:
    1-9              (1)  he is likely to abscond or be removed from the
   1-10  jurisdiction of the court;
   1-11              (2)  suitable supervision, care, or protection for him
   1-12  is not being provided by a parent, guardian, custodian, or other
   1-13  person;
   1-14              (3)  he has no parent, guardian, custodian, or other
   1-15  person able to return him to the court when required;
   1-16              (4)  he is accused of engaging in conduct that
   1-17  constitutes an <committing a felony> offense and may be dangerous
   1-18  to himself or others if released; or
   1-19              (5)  he has previously been found to be a delinquent
   1-20  child or has previously been convicted of a penal offense
   1-21  punishable by a term in jail or prison and is likely to commit an
   1-22  offense if released.
   1-23        SECTION 2.  Section 54.01(e), Family Code, is amended to read
   1-24  as follows:
    2-1        (e)  At the conclusion of the hearing, the court shall order
    2-2  the child released from detention unless it finds that:
    2-3              (1)  he is likely to abscond or be removed from the
    2-4  jurisdiction of the court;
    2-5              (2)  suitable supervision, care, or protection for him
    2-6  is not being provided by a parent, guardian, custodian, or other
    2-7  person;
    2-8              (3)  he has no parent, guardian, custodian, or other
    2-9  person able to return him to the court when required;
   2-10              (4)  he is accused of engaging in conduct that
   2-11  constitutes an <committing a felony> offense and may be dangerous
   2-12  to himself or others if released; or
   2-13              (5)  he has previously been found to be a delinquent
   2-14  child or has previously been convicted of a penal offense
   2-15  punishable by a term in jail or prison and is likely to commit an
   2-16  offense if released.
   2-17        SECTION 3.  This Act takes effect September 1, 1995, and
   2-18  applies only to a detention, or detention hearing held, on or after
   2-19  that date.
   2-20        SECTION 4.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.