By Duncan, De La Garza, Kamel, Rangel, Janek, et al. H.B. No. 886
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to curfews and to the arrest, custody, and detention of a
1-3 child alleged to have violated a curfew; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 14, Code of Criminal Procedure, is
1-6 amended by adding Article 14.07 to read as follows:
1-7 Art. 14.07. VIOLATIONS OF JUVENILE CURFEW ORDINANCE OR
1-8 ORDER. (a) A peace officer taking into custody a person under 17
1-9 years of age for violation of a juvenile curfew ordinance of a
1-10 general-law municipality or a home-rule municipality or order of a
1-11 county commissioners court shall, without unnecessary delay:
1-12 (1) release the person to the person's parent,
1-13 guardian, or custodian;
1-14 (2) take the person before a municipal or justice
1-15 court to answer the charge; or
1-16 (3) take the person to a place designated as a
1-17 juvenile curfew processing office by the head of the law
1-18 enforcement agency having custody of the person.
1-19 (b) A juvenile curfew processing office must observe the
1-20 following procedures:
1-21 (1) the office must be an unlocked, multi-purpose area
1-22 that is not designated, set aside, or used as a secure detention
1-23 area or part of a secure detention area;
2-1 (2) the person may not be secured physically to a
2-2 cuffing rail, chair, desk, or stationary object;
2-3 (3) the person may not be held longer than necessary
2-4 to accomplish the purposes of identification, investigation,
2-5 processing, release to parents, guardians, or custodians, and
2-6 arrangement of transportation to school or court;
2-7 (4) a juvenile curfew processing office may not be
2-8 designated or intended for residential purposes;
2-9 (5) the person must be under continuous visual
2-10 supervision by a peace officer or other person during the time the
2-11 person is in the juvenile curfew processing office; and
2-12 (6) a person may not be held in a juvenile curfew
2-13 processing office for more than six hours.
2-14 (c) A place designated under this article as a juvenile
2-15 curfew processing office is not subject to the approval of the
2-16 juvenile board having jurisdiction where the governmental entity is
2-17 located.
2-18 SECTION 2. Subchapter Z, Chapter 341, Local Government Code,
2-19 is amended by adding Section 341.904 to read as follows:
2-20 Sec. 341.904. JUVENILE CURFEW IN GENERAL-LAW MUNICIPALITY.
2-21 (a) To provide for the public safety, the governing body of a
2-22 general-law municipality has the same authority to adopt a juvenile
2-23 curfew ordinance that a county has under Section 351.903.
2-24 (b) The governing body of a general-law municipality may
2-25 adopt by ordinance a juvenile curfew order adopted by the
3-1 commissioners court of the county in which any part of the
3-2 municipality is located and may adapt the order to fit the needs of
3-3 the municipality.
3-4 (c) If the governing body of a general-law municipality
3-5 adopts an ordinance under this section, a person commits an offense
3-6 if the person violates a restriction or prohibition imposed by the
3-7 ordinance.
3-8 (d) An offense under this section is a Class C misdemeanor.
3-9 SECTION 3. Chapter 351, Local Government Code, is amended by
3-10 adding Section 351.903 to read as follows:
3-11 Sec. 351.903. COUNTY JUVENILE CURFEW. (a) To provide for
3-12 the public safety, the commissioners court of a county by order may
3-13 adopt a curfew to regulate the movements or actions of persons
3-14 under 17 years of age during the period beginning one-half hour
3-15 after sunset and extending until one-half hour before sunrise or
3-16 during school hours, or both. The order applies only to the
3-17 unincorporated area of the county.
3-18 (b) This authority includes the authority to:
3-19 (1) establish the hours of the curfew, including
3-20 different hours for different days of the week;
3-21 (2) apply different curfew hours to different age
3-22 groups of juveniles;
3-23 (3) describe the kinds of conduct subject to the
3-24 curfew;
3-25 (4) determine the locations to which the curfew
4-1 applies;
4-2 (5) determine which persons incur liability if a
4-3 violation of the curfew occurs;
4-4 (6) prescribe procedures, in compliance with Article
4-5 14.07, Code of Criminal Procedure, a police officer must follow in
4-6 enforcing the curfew; and
4-7 (7) establish exemptions to the curfew, including but
4-8 not limited to exemptions for times when there are no classes being
4-9 conducted, for holidays, and for persons going to or from work.
4-10 (c) If the commissioners court adopts an order under this
4-11 section, a person commits an offense if the person violates a
4-12 restriction or prohibition imposed by the order.
4-13 (d) An offense under this section is a Class C misdemeanor.
4-14 SECTION 4. The chapter heading of Chapter 370, Local
4-15 Government Code, is amended to read as follows:
4-16 CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
4-17 COUNTY HEALTH AND PUBLIC SAFETY
4-18 SECTION 5. Chapter 370, Local Government Code, is amended by
4-19 adding Section 370.002 to read as follows:
4-20 Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
4-21 (a) Before the third anniversary of the date of adoption of a
4-22 juvenile curfew ordinance by a general-law municipality or a
4-23 home-rule municipality or an order of a county commissioners court,
4-24 and every third year thereafter, the governing body of the
4-25 general-law municipality or home-rule municipality or the
5-1 commissioners court of the county shall:
5-2 (1) review the ordinance or order's effects on the
5-3 community and on problems the ordinance or order was intended to
5-4 remedy;
5-5 (2) conduct public hearings on the need to continue
5-6 the ordinance or order; and
5-7 (3) abolish, continue, or modify the ordinance or
5-8 order.
5-9 (b) Failure to act in accordance with Subsections (a)(1)-(3)
5-10 shall cause the ordinance to expire.
5-11 SECTION 6. Section 51.08(b), Family Code, is amended to read
5-12 as follows:
5-13 (b) A court in which there is pending a complaint against a
5-14 child alleging a violation of a misdemeanor offense punishable by
5-15 fine only other than a traffic offense or public intoxication or a
5-16 violation of a penal ordinance of a political subdivision other
5-17 than a traffic offense:
5-18 (1) shall waive its original jurisdiction and refer a
5-19 child to juvenile court if the child has previously been convicted
5-20 of:
5-21 (A) two or more misdemeanors punishable by fine
5-22 only other than a traffic offense or public intoxication;
5-23 (B) two or more violations of a penal ordinance
5-24 of a political subdivision other than a traffic offense; <or>
5-25 (C) one or more of each of the types of
6-1 misdemeanors described in Paragraph (A) or (B) of this subdivision;
6-2 or
6-3 (D) one or more violations of a restriction or
6-4 prohibition imposed by an ordinance or order adopted under Section
6-5 341.904 or 351.903, Local Government Code, or a restriction or
6-6 prohibition imposed by a juvenile curfew ordinance adopted by a
6-7 home-rule municipality; and
6-8 (2) may waive its original jurisdiction and refer a
6-9 child to juvenile court if the child:
6-10 (A) has not previously been convicted of a
6-11 misdemeanor punishable by fine only other than a traffic offense or
6-12 public intoxication or a violation of a penal ordinance of a
6-13 political subdivision other than a traffic offense; or
6-14 (B) has previously been convicted of fewer than
6-15 two misdemeanors punishable by fine only other than a traffic
6-16 offense or public intoxication or two violations of a penal
6-17 ordinance of a political subdivision other than a traffic offense.
6-18 SECTION 7. The change in law made by this Act to Section
6-19 51.08(b), Family Code, applies only to a court proceeding begun on
6-20 or after the effective date of this Act.
6-21 SECTION 8. A municipality that has adopted a juvenile curfew
6-22 ordinance before the effective date of this Act shall conduct a
6-23 review of the municipality's juvenile curfew ordinance described in
6-24 Section 370.002, Local Government Code, as added by this Act, not
6-25 later than the third anniversary of the effective date of this Act.
7-1 SECTION 9. A designation by a municipality of a juvenile
7-2 curfew processing office for the detention of a person who is
7-3 alleged to have violated a curfew ordinance made before the
7-4 effective date of this Act is validated if the processing office
7-5 otherwise meets the requirements of Article 14.07, Code of Criminal
7-6 Procedure, as added by this Act.
7-7 SECTION 10. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended,
7-12 and that this Act take effect and be in force from and after its
7-13 passage, and it is so enacted.