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.