74R8025 E
By Ellis S.B. No. 433
Substitute the following for S.B. No. 433:
By De La Garza C.S.S.B. No. 433
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county or a municipality to
1-3 establish a juvenile curfew; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 341, Local Government Code,
1-6 is amended by adding Section 341.904 to read as follows:
1-7 Sec. 341.904. JUVENILE CURFEW IN GENERAL-LAW MUNICIPALITY.
1-8 (a) To provide for the public safety, the governing body of a
1-9 general-law municipality has the same authority to adopt a juvenile
1-10 curfew ordinance that a county has under Section 351.903.
1-11 (b) The governing body of a general-law municipality may
1-12 adopt by ordinance a juvenile curfew order adopted by the
1-13 commissioners court of the county in which any part of the
1-14 municipality is located and may adapt the order to fit the needs of
1-15 the municipality.
1-16 (c) If the governing body of a general-law municipality
1-17 adopts an ordinance under this section, a person commits an offense
1-18 if the person violates a restriction or prohibition imposed by the
1-19 ordinance.
1-20 (d) An offense under this section is a Class C misdemeanor.
1-21 SECTION 2. Chapter 351, Local Government Code, is amended by
1-22 adding Section 351.903 to read as follows:
1-23 Sec. 351.903. COUNTY JUVENILE CURFEW. (a) To provide for
1-24 the public safety, the commissioners court of a county by order may
2-1 adopt a curfew to regulate the movements or actions of persons
2-2 under 17 years of age during the period beginning one-half hour
2-3 after sunset and extending until one-half hour before sunrise or
2-4 during school hours, or both. The order applies only to the
2-5 unincorporated area of the county.
2-6 (b) This authority includes the authority to:
2-7 (1) establish the hours of the curfew, including
2-8 different hours for different days of the week;
2-9 (2) apply different curfew hours to different age
2-10 groups of juveniles;
2-11 (3) describe the kinds of conduct subject to the
2-12 curfew;
2-13 (4) determine the locations to which the curfew
2-14 applies;
2-15 (5) determine which persons incur liability if a
2-16 violation of the curfew occurs;
2-17 (6) prescribe procedures, in compliance with Article
2-18 14.07, Code of Criminal Procedure, a police officer must follow in
2-19 enforcing the curfew; and
2-20 (7) establish exemptions to the curfew, including but
2-21 not limited to exemptions for times when there are no classes being
2-22 conducted, holidays, and for persons going to or from work.
2-23 (c) If the commissioners court adopts an order under this
2-24 section, a person commits an offense if the person violates a
2-25 restriction or prohibition imposed by the order.
2-26 (d) An offense under this section is a Class C misdemeanor.
2-27 SECTION 3. The chapter heading of Chapter 370, Local
3-1 Government Code, is amended to read as follows:
3-2 CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
3-3 COUNTY HEALTH AND PUBLIC SAFETY
3-4 SECTION 4. Chapter 370, Local Government Code, is amended by
3-5 adding Section 370.002 to read as follows:
3-6 Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
3-7 (a) Before the third anniversary of the date of adoption of a
3-8 juvenile curfew ordinance by a general-law municipality or a
3-9 home-rule municipality or an order of a county commissioners court,
3-10 and every third year thereafter, the governing body of the
3-11 general-law municipality or home-rule municipality or the
3-12 commissioners court of the county shall:
3-13 (1) review the ordinance or order's effects on the
3-14 community and on problems the ordinance or order was intended to
3-15 remedy;
3-16 (2) conduct public hearings on the need to continue
3-17 the ordinance or order; and
3-18 (3) abolish, continue, or modify the ordinance or
3-19 order.
3-20 (b) Failure to act in accordance with Subsections (a)(1)-(3)
3-21 shall cause the ordinance to expire.
3-22 SECTION 5. Section 51.08(b), Family Code, is amended to read
3-23 as follows:
3-24 (b) A court in which there is pending a complaint against a
3-25 child alleging a violation of a misdemeanor offense punishable by
3-26 fine only other than a traffic offense or public intoxication or a
3-27 violation of a penal ordinance of a political subdivision other
4-1 than a traffic offense:
4-2 (1) shall waive its original jurisdiction and refer a
4-3 child to juvenile court if the child has previously been convicted
4-4 of:
4-5 (A) two or more misdemeanors punishable by fine
4-6 only other than a traffic offense or public intoxication;
4-7 (B) two or more violations of a penal ordinance
4-8 of a political subdivision other than a traffic offense; <or>
4-9 (C) one or more of each of the types of
4-10 misdemeanors described in Paragraph (A) or (B) of this subdivision;
4-11 or
4-12 (D) one or more violations of a restriction or
4-13 prohibition imposed by an ordinance or order adopted under Section
4-14 341.904 or 351.903, Local Government Code, or a restriction or
4-15 prohibition imposed by a juvenile curfew ordinance adopted by a
4-16 home-rule municipality; and
4-17 (2) may waive its original jurisdiction and refer a
4-18 child to juvenile court if the child:
4-19 (A) has not previously been convicted of a
4-20 misdemeanor punishable by fine only other than a traffic offense or
4-21 public intoxication or a violation of a penal ordinance of a
4-22 political subdivision other than a traffic offense; or
4-23 (B) has previously been convicted of fewer than
4-24 two misdemeanors punishable by fine only other than a traffic
4-25 offense or public intoxication or two violations of a penal
4-26 ordinance of a political subdivision other than a traffic offense.
4-27 SECTION 6. Chapter 14, Code of Criminal Procedure, is
5-1 amended by adding Article 14.07 to read as follows:
5-2 Art. 14.07. VIOLATIONS OF JUVENILE CURFEW ORDINANCE OR
5-3 ORDER. (a) A peace officer taking into custody a person under 17
5-4 years of age for violation of a juvenile curfew ordinance of a
5-5 general-law municipality or a home-rule municipality or order of a
5-6 county commissioners court shall, without unnecessary delay:
5-7 (1) release the person to the person's parent,
5-8 guardian, or custodian;
5-9 (2) take the person before a municipal or justice
5-10 court to answer the charge; or
5-11 (3) take the person to a place designated as a
5-12 juvenile curfew processing office by the head of the law
5-13 enforcement agency having custody of the person.
5-14 (b) A juvenile curfew processing office must observe the
5-15 following procedures:
5-16 (1) the office must be an unlocked, multi-purpose area
5-17 that is not designated, set aside, or used as a secure detention
5-18 area or part of a secure detention area;
5-19 (2) the person may not be secured physically to a
5-20 cuffing rail, chair, desk, or stationary object;
5-21 (3) the person may not be held longer than necessary
5-22 to accomplish the purposes of identification, investigation,
5-23 processing, release to parents, guardians, or custodians, and
5-24 arrangement of transportation to school or court;
5-25 (4) a juvenile curfew processing office may not be
5-26 designated or intended for residential purposes;
5-27 (5) the person must be under continuous visual
6-1 supervision by a peace officer or other person during the time the
6-2 person is in the juvenile curfew processing office; and
6-3 (6) a person may not be held in a juvenile curfew
6-4 processing office for more than six hours.
6-5 SECTION 7. (a) The change in law made by this Act applies
6-6 only to an offense committed on or after the effective date of this
6-7 Act. For the purposes of this section, an offense is committed
6-8 before the effective date of this Act if any element of the offense
6-9 occurs before that date.
6-10 (b) An offense committed before the effective date of this
6-11 Act is covered by the law in effect when the offense was committed,
6-12 and the former law is continued in effect for that purpose.
6-13 SECTION 8. A municipality that has adopted a juvenile curfew
6-14 ordinance before the effective date of this Act shall conduct a
6-15 review of the municipality's juvenile curfew ordinance described in
6-16 Section 370.002, Local Government Code, as added by this Act, not
6-17 later than the third anniversary of the effective date of this Act.
6-18 SECTION 9. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended,
6-23 and that this Act take effect and be in force from and after its
6-24 passage, and it is so enacted.