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.