CN H.B. 2065 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 2065
By:  King
5-1-97
Committee Report (Unamended)


BACKGROUND

Under the Texas Family Code Title III, the juvenile court has the
authority to designate the "intake office or official" for juvenile cases.
In all cases, this designation is either made to the juvenile probation
department or the office of the prosecuting attorney.  During the 74th
Legislature, HB 327 amended the family code to provide that, unless the
prosecutor and probation department agreed otherwise, certain offense
referrals must be sent to the office of the prosecuting attorney for
review.  If the offense is required to be reviewed by the prosecutor,
juvenile probation has no authority to dispose of the case or divert the
child without the prosecutor's agreement. 

The problem that has arisen with this new system is that accurate
statistical and case records are not being kept in some counties.  In the
counties where the problems have occurred, the local law enforcement
agency is sending the juvenile referral directly to the office of the
prosecutor. Juvenile probation officials never see the referral and
usually do not know it even exists and thus, no record of the referral is
made in the caseworker system.  If the prosecutor disposes of the case in
some way that does not involve probation, a record may never exist with
probation and thus, the TJPC statistics will never show that referral came
into the system. 

 
PURPOSE

H.B. 2065 would amend the Family Code to require the local law enforcement
agency to transfer the child's case to the juvenile probation department
first for statistical reporting purposes only. Upon creating a statistical
record, the probation department shall promptly forward the case to the
prosecuting attorney for review. 

RULE MAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.04, Family Code, by adding Subsection (c),
which would require the referring entity to first transfer juvenile cases
to the probation department for statistical purposes only.  The probation
department would then promptly forward those cases which are designated
under Section 53.01, Family Code, to the office of the prosecuting
attorney for review. 

SECTION 2.  Emergency Clause