By Place H.B. No. 2729
74R7825 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the detention of juveniles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.02, Family Code, is amended by adding
1-5 Subdivisions (11)-(14) to read as follows:
1-6 (11) "Status offender" means a child who is accused,
1-7 adjudicated, or convicted of conduct that would not, under state
1-8 law, be a crime if committed by an adult, including:
1-9 (A) truancy under Section 51.03(b)(2);
1-10 (B) running away from home under Section
1-11 51.03(b)(3);
1-12 (C) a fineable only offense under Section
1-13 51.03(b)(1) transferred to the juvenile court under Section
1-14 51.08(b), but only if the conduct constituting the offense would
1-15 not have been criminal if engaged in by an adult;
1-16 (D) failure to attend school under Section
1-17 4.251, Education Code;
1-18 (E) a violation of a juvenile curfew ordinance;
1-19 (F) a violation of a provision of the Alcoholic
1-20 Beverage Code applicable to minors only; or
1-21 (G) a violation of any other fineable only
1-22 offense under Section 8.07(a)(4) or (5) or (b)(4) or (5), Penal
1-23 Code, but only if the conduct constituting the offense would not
1-24 have been criminal if engaged in by an adult.
2-1 (12) "Secure detention facility" means any public or
2-2 private residential facility that:
2-3 (A) includes construction fixtures designed to
2-4 physically restrict the movements and activities of juveniles or
2-5 other individuals held in lawful custody in the facility; and
2-6 (B) is used for the temporary placement of any
2-7 juvenile who is accused of having committed an offense, any
2-8 nonoffender, or any other individual accused of having committed a
2-9 criminal offense.
2-10 (13) "Secure correctional facility" means any public
2-11 or private residential facility, including an alcohol or other drug
2-12 treatment facility, that:
2-13 (A) includes construction fixtures designed to
2-14 physically restrict the movements and activities of juveniles or
2-15 other individuals held in lawful custody in the facility; and
2-16 (B) is used for the placement of any juvenile
2-17 who has been adjudicated as having committed an offense, any
2-18 nonoffender, or any other individual convicted of a criminal
2-19 offense.
2-20 (14) "Nonoffender" means a child who:
2-21 (A) is subject to jurisdiction of a court under
2-22 abuse, dependency, or neglect statutes for reasons other than
2-23 legally prohibited conduct of the child; or
2-24 (B) has been taken into custody and is being
2-25 held solely for deportation out of the United States.
2-26 SECTION 2. Section 51.12, Family Code, is amended by
2-27 amending Subsections (a) and (c) and adding Subsections (f) and (g)
3-1 to read as follows:
3-2 (a) Except after transfer to criminal court for prosecution
3-3 under Section 54.02 <of this code>, a child may <shall not> be
3-4 detained only in a:
3-5 (1) juvenile processing office in compliance with
3-6 Section 52.025;
3-7 (2) place of custody in compliance with Section
3-8 52.027; or
3-9 (3) certified juvenile detention facility that
3-10 complies with the requirements of Subsection (f) <in or committed
3-11 to a compartment of a jail or lockup in which adults arrested for,
3-12 charged with, or convicted of crime are detained or committed, nor
3-13 be permitted contact with such persons>.
3-14 (c) In each county, the judge of the juvenile court and the
3-15 members of the juvenile board shall personally inspect the
3-16 detention facilities and any public or private secure correctional
3-17 facilities used for post-adjudication confinement that are located
3-18 in the county and operated under authority of the juvenile board at
3-19 least annually and shall certify in writing to the authorities
3-20 responsible for operating and giving financial support to the
3-21 facilities and to the Texas Juvenile Probation Commission that they
3-22 are suitable or unsuitable for the detention of children in
3-23 accordance with:
3-24 (1) the requirements of Subsections <Subsection> (a),
3-25 (f), and (g) <of this section>; and
3-26 (2) minimum <the requirements of Subchapter A, Chapter
3-27 351, Local Government Code, if the detention facility is a county
4-1 jail; and>
4-2 <(3) recognized> professional standards for the
4-3 detention of children in pre-adjudication or post-adjudication
4-4 secure confinement <deemed appropriate by the board, which may
4-5 include minimum standards> promulgated by the Texas Juvenile
4-6 Probation Commission. <The juvenile board shall annually provide
4-7 to the Texas Juvenile Probation Commission a copy of the standards
4-8 used under this section.>
4-9 (f) A child detained in a building that contains a jail,
4-10 lockup, or other place of secure confinement, including an alcohol
4-11 or other drug treatment facility, shall be separated by sight and
4-12 sound from adults detained in the same building. Children and
4-13 adults are separated by sight and sound only if they are unable to
4-14 see each other and conversation between them is not possible. The
4-15 separation must extend to all areas of the facility, including
4-16 sally ports and passageways, and those areas used for admission,
4-17 sleeping, toileting, showering, dining, recreational, educational,
4-18 or vocational activities, and health care. The separation may be
4-19 accomplished through architectural design or by scheduling the use
4-20 of an area in a manner that prohibits simultaneous use by children
4-21 and adults.
4-22 (g) Except for a child detained in a juvenile processing
4-23 office or a place of nonsecure custody, a child detained in a
4-24 building that contains a jail or lockup may not have any contact
4-25 with:
4-26 (1) part-time or full-time security staff, including
4-27 management, who have contact with adults detained in the same
5-1 building; or
5-2 (2) direct-care staff who have contact with adults
5-3 detained in the same building.
5-4 SECTION 3. Chapter 52, Family Code, is amended by adding
5-5 Section 52.027 to read as follows:
5-6 Sec. 52.027. CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
5-7 OFFENSES, FOR OTHER FINEABLE ONLY OFFENSES, OR AS A STATUS
5-8 OFFENDER. (a) A child may be released to the child's parent,
5-9 guardian, custodian, or other responsible adult as provided in
5-10 Section 52.02(a)(1) if the child is taken into custody:
5-11 (1) for a traffic offense;
5-12 (2) for an offense other than public intoxication
5-13 punishable by fine only; or
5-14 (3) as a status offender or nonoffender.
5-15 (b) A child described by Subsection (a) may be taken only to
5-16 a place previously designated by the head of the law enforcement
5-17 agency with custody of the child as an appropriate place of
5-18 nonsecure custody for children unless the child:
5-19 (1) is released under Section 52.02(a)(1);
5-20 (2) is taken before a municipal court or justice
5-21 court; or
5-22 (3) for truancy or running away, is taken to a
5-23 juvenile detention facility.
5-24 (c) A place of nonsecure custody for children must be an
5-25 unlocked, multipurpose area. A lobby, office, or interrogation
5-26 room is suitable if the area is not designated, set aside, or used
5-27 as a secure detention area and is not part of a secure detention
6-1 area. A place of nonsecure custody may be a juvenile processing
6-2 office designated under Section 52.025 if the area is not locked
6-3 when it is used as a place of nonsecure custody.
6-4 (d) The following procedures shall be followed in a place of
6-5 nonsecure custody for children:
6-6 (1) a child may not be secured physically to a cuffing
6-7 rail, chair, desk, or other stationary object;
6-8 (2) the child may be held in the nonsecure facility
6-9 only long enough to accomplish the purpose of identification,
6-10 investigation, processing, release to parents, or the arranging of
6-11 transportation to the appropriate juvenile court, juvenile
6-12 detention facility, municipal court, or justice court;
6-13 (3) residential use of the area is prohibited; and
6-14 (4) the child shall be under continuous visual
6-15 supervision by a law enforcement officer or facility staff person
6-16 during the time the child is in nonsecure custody.
6-17 (e) Notwithstanding any other provision of this section, a
6-18 child may not, under any circumstances, be detained in a place of
6-19 nonsecure custody for more than six hours.
6-20 (f) A child taken into custody for a traffic offense or an
6-21 offense, other than public intoxication, punishable by fine only
6-22 may be presented or detained in a detention facility designated by
6-23 the juvenile court under Section 52.02(a)(3) only if:
6-24 (1) the child's nontraffic case is transferred to the
6-25 juvenile court by a municipal court or justice court under Section
6-26 51.08(b); or
6-27 (2) the child is referred to the juvenile court by a
7-1 municipal court or justice court for contempt of court under
7-2 Subsection (h).
7-3 (g) A law enforcement officer may issue a field release
7-4 citation, as provided by Article 14.06, Code of Criminal Procedure,
7-5 in place of taking a child into custody for a traffic offense or an
7-6 offense, other than public intoxication, punishable by fine only.
7-7 (h) A municipal court or justice court may not hold a child
7-8 in contempt for intentionally refusing to obey a lawful order of
7-9 disposition after an adjudication of guilt of a traffic offense or
7-10 other offense punishable by fine only. The municipal court or
7-11 justice court shall instead refer the child to the appropriate
7-12 juvenile court for delinquent conduct for contempt of the municipal
7-13 court or justice court order.
7-14 (i) In this section, "child" means a person who is at least
7-15 10 years of age and younger than 18 years of age and who:
7-16 (1) is charged with or convicted of a traffic offense
7-17 or an offense, other than public intoxication, punishable by fine
7-18 only as a result of an act committed before becoming 17 years of
7-19 age;
7-20 (2) is a status offender and was taken into custody as
7-21 a status offender for conduct engaged in before becoming 17 years
7-22 of age; or
7-23 (3) is a nonoffender and became a nonoffender before
7-24 becoming 17 years of age.
7-25 SECTION 4. (a) This Act takes effect September 1, 1995.
7-26 (b) This Act applies only to conduct that occurs on or after
7-27 the effective date of this Act. Conduct violating the penal law of
8-1 this state occurs on or after the effective date of this Act if
8-2 every element of the violation occurs on or after that date.
8-3 (c) Conduct that occurs before the effective date of this
8-4 Act is governed by the law in effect at the time the conduct
8-5 occurred, and that law is continued in effect for that purpose.
8-6 SECTION 5. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.