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.