CJ C.S.H.B. 1006 75(R)BILL ANALYSIS


JUVENILE JUSTICE AND FAMILY ISSUES
C.S.H.B. 1006
By: J. Jones
4-4-97
Committee Report (Substituted)

BACKGROUND
The growing number of crimes being committed by juveniles continues to be
of great concern. Today, juveniles are increasingly committing crimes with
the use of a handgun.  Currently, the penalty for possession of a weapon
by a minor is a misdemeanor.  For most youths, obtaining a driver's
license is a special privilege.  As a greater deterrent to violence,
juveniles convicted of unlawfully carrying a weapon should lose this
special privilege. 

PURPOSE

House Bill 1006 would require a juvenile court to order the Department of
Public Safety to suspend a child's driver's license or permit if the child
has engaged in conduct that violates a penal law prohibiting the
possession or use of a firearm while driving a motor vehicle. 

SECTION-BY-SECTION ANALYSIS

SECTION 1. Amends Section 54 of the Family Code by adding Section 54.0421
to:  

(a) define the term "firearm" as provided for in Section 46.01 of the
Penal Code. 

(b) require a juvenile court, in a disposition hearing under Section 54.04
of this Code, to order DPS to suspend a child's driver's license or permit
if the child, while in a motor vehicle, has engaged in conduct that
violates a penal law prohibiting the possession or use of a firearm, or
used or exhibited a firearm while engaged in conduct in need of
supervision or delinquent conduct.  If the child does not have a license
or permit, the juvenile court would order DPS to deny the issuance of a
license or permit to the child. 

(c) States that the period of suspension or denial shall be until the
child reaches the age of 18 or for two years, whichever is longer. 

(d) Allows the child to apply for an occupational license if the order
states that the child is eligible.   

SECTION 2:  Sets the effective date for September 1, 1997.  State that
this Act only applies to related conducts that occur on or after the
effective date.  Conducts that occurred before the effective date of this
Act is governed by the law in effect at the time the conduct occurred. 

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds (d) to Sec. 54.0421 which allows the court the
discretion to allow a child to remain eligible for an occupational
license.