By Allen H.B. No. 1059
75R5239 JBW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the search of certain juveniles who are on probation or
1-3 supervised release.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Family Code, is amended by adding
1-6 Section 54.046 to read as follows:
1-7 Sec. 54.046. ORDERS FOR WEAPONS SEARCHES. If the court
1-8 places a child under probation under Section 54.04(d), the court
1-9 may include in the order granting the probation the requirement
1-10 that:
1-11 (1) the child may not carry or possess a firearm,
1-12 illegal knife, or club as those terms are defined by Section 46.01,
1-13 Penal Code; and
1-14 (2) by accepting probation, the child consents to the
1-15 search of the child's person by a juvenile probation officer or
1-16 other law enforcement officer acting in the scope of the officer's
1-17 employment and duties to determine if the child is in violation of
1-18 the order of probation by carrying or possessing a firearm, illegal
1-19 knife, or club or by violating Chapter 46, Penal Code.
1-20 SECTION 2. Subchapter F, Chapter 61, Human Resources Code,
1-21 is amended by adding Section 61.0815 to read as follows:
1-22 Sec. 61.0815. CONDITION FOR RELEASE; WEAPONS SEARCHES. If
1-23 the commission releases a child under supervision under Section
1-24 61.081, the commission may include in the release order the
2-1 requirement that:
2-2 (1) the child may not carry or possess a firearm,
2-3 illegal knife, or club as those terms are defined by Section 46.01,
2-4 Penal Code; and
2-5 (2) by accepting release under supervision, the child
2-6 consents to the search of the child's person by a juvenile parole
2-7 services officer or other law enforcement officer acting in the
2-8 scope of the officer's employment and duties to determine if the
2-9 child is in violation of the release condition by carrying or
2-10 possessing a firearm, illegal knife, or club or by violating
2-11 Chapter 46, Penal Code.
2-12 SECTION 3. This Act does not apply to a grant of probation
2-13 under Section 54.04(d), Family Code, or to a release under
2-14 supervision under Section 61.081, Human Resources Code, effected
2-15 before the effective date of this Act.
2-16 SECTION 4. This Act takes effect September 1, 1997.
2-17 SECTION 5. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.