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.