By Longoria                                             H.B. No. 87

      75R1461 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the referral to juvenile court of certain children.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 52.02(a), Family Code, is amended to read

 1-5     as follows:

 1-6           (a)  A person taking a child into custody, without

 1-7     unnecessary delay and without first taking the child to any place

 1-8     other than a juvenile processing office designated under Section

 1-9     52.025 of this code, shall do one of the following:

1-10                 (1)  release the child to a parent, guardian, custodian

1-11     of the child, or other responsible adult upon that person's promise

1-12     to bring the child before the juvenile court as requested by the

1-13     court;

1-14                 (2)  bring the child before the office or official

1-15     designated by the juvenile court if there is probable cause to

1-16     believe that the child engaged in delinquent conduct or conduct

1-17     indicating a need for supervision;

1-18                 (3)  bring the child to a detention facility designated

1-19     by the juvenile court;

1-20                 (4)  bring the child to a medical facility if the child

1-21     is believed to suffer from a serious physical condition or illness

1-22     that requires prompt treatment; or

1-23                 (5)  dispose of the case under Section 52.03 of this

1-24     code unless the child is required to be referred to juvenile court

 2-1     under Section 52.05 of this code.

 2-2           SECTION 2.  Chapter 52, Family Code, is amended by adding

 2-3     Section 52.05 to read as follows:

 2-4           Sec. 52.05.  MANDATORY REFERRAL TO JUVENILE COURT OF CERTAIN

 2-5     CHILDREN.  A child taken into custody shall be referred to juvenile

 2-6     court for a preliminary investigation and determination under

 2-7     Section 53.01 if the child has previously been determined to be a

 2-8     delinquent child or has been taken into custody for engaging in

 2-9     conduct that violated the penal law of this state:

2-10                 (1)  two or more times during the one-year period

2-11     preceding the date on which the child is taken into custody; or

2-12                 (2)  three or more times during the two-year period

2-13     preceding the date on which the child is taken into custody.

2-14           SECTION 3.  Section 53.01, Family Code, is amended by adding

2-15     Subsection (g) to read as follows:

2-16           (g)  If the child has been referred to the juvenile court as

2-17     required under Section 52.05, and the person conducting the

2-18     preliminary investigation has made the determinations under

2-19     Subsections (a)(1) and (2), a prosecuting attorney shall review the

2-20     child's case to determine if further proceedings in the case are in

2-21     the interest of the child or the public.  If the prosecuting

2-22     attorney determines that further proceedings are not warranted, the

2-23     child shall immediately be released and proceedings terminated.

2-24     Review by the prosecuting attorney under this subsection applies

2-25     only to a child whose case is not required to be forwarded to the

2-26     prosecuting attorney under Subsection (d).

2-27           SECTION 4.  (a)  This Act takes effect September 1, 1997, and

 3-1     applies only to conduct that occurs on or after that date.  Conduct

 3-2     violating the penal law of this state occurs on or after the

 3-3     effective date of this Act if every element of the violation occurs

 3-4     on or after that date.

 3-5           (b)  Conduct that occurs before the effective date of this

 3-6     Act is governed by the law in effect at the time the conduct

 3-7     occurred, and that law is continued in effect for that purpose.

 3-8           SECTION 5.  The importance of this legislation and the

 3-9     crowded condition of the calendars in both houses create an

3-10     emergency and an imperative public necessity that the

3-11     constitutional rule requiring bills to be read on three several

3-12     days in each house be suspended, and this rule is hereby suspended.