By Longoria H.B. No. 415
74R2803 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the referral to juvenile court of certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 52.02(a), Family Code, is amended to read
1-5 as follows:
1-6 (a) A person taking a child into custody, without
1-7 unnecessary delay and without first taking the child to any place
1-8 other than a juvenile processing office designated under Section
1-9 52.025 of this code, shall do one of the following:
1-10 (1) release the child to a parent, guardian, custodian
1-11 of the child, or other responsible adult upon that person's promise
1-12 to bring the child before the juvenile court as requested by the
1-13 court;
1-14 (2) bring the child before the office or official
1-15 designated by the juvenile court if there is probable cause to
1-16 believe that the child engaged in delinquent conduct or conduct
1-17 indicating a need for supervision;
1-18 (3) bring the child to a detention facility designated
1-19 by the juvenile court;
1-20 (4) bring the child to a medical facility if the child
1-21 is believed to suffer from a serious physical condition or illness
1-22 that requires prompt treatment; or
1-23 (5) dispose of the case under Section 52.03 of this
1-24 code unless the child is required to be referred to juvenile court
2-1 under Section 52.05 of this code.
2-2 SECTION 2. Chapter 52, Family Code, is amended by adding
2-3 Section 52.05 to read as follows:
2-4 Sec. 52.05. MANDATORY REFERRAL TO JUVENILE COURT OF CERTAIN
2-5 CHILDREN. A child taken into custody shall be referred to juvenile
2-6 court for a preliminary investigation and determination under
2-7 Section 53.01 if the child has previously been determined to be a
2-8 delinquent child or has been taken into custody for engaging in
2-9 conduct that violated the penal law of this state:
2-10 (1) three or more times during the one-year period
2-11 preceding the date on which the child is taken into custody; or
2-12 (2) five or more times during the two-year period
2-13 preceding the date on which the child is taken into custody.
2-14 SECTION 3. Section 53.01, Family Code, is amended by adding
2-15 Subsection (d) to read as follows:
2-16 (d) If the child has been referred to the juvenile court as
2-17 required under Section 52.05, and the person conducting the
2-18 preliminary investigation has made the determinations under
2-19 Subsections (a)(1) and (2), a prosecuting attorney shall review the
2-20 child's case to determine if further proceedings in the case are in
2-21 the interest of the child or the public. If the prosecuting
2-22 attorney determines that further proceedings are not warranted, the
2-23 child shall immediately be released and proceedings terminated.
2-24 SECTION 4. (a) This Act takes effect September 1, 1995, and
2-25 applies only to conduct that occurs on or after that date. Conduct
2-26 violating the penal law of this state occurs on or after the
2-27 effective date of this Act if every element of the violation occurs
3-1 on or after that date.
3-2 (b) Conduct that occurs before the effective date of this
3-3 Act is governed by the law in effect at the time the conduct
3-4 occurred, and that law is continued in effect for that purpose.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.