By Turner of Harris                             H.B. No. 1088

      75R2999 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring a study on the treatment of certain juveniles

 1-3     as adults.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 141, Human Resources Code,

 1-6     is amended by adding Section 141.0481 to read as follows:

 1-7           Sec. 141.0481.  STUDY ON TREATMENT OF JUVENILES AS ADULTS.

 1-8     (a)  The commission shall conduct a study on the impact of:

 1-9                 (1)  determinate sentencing procedures under Sections

1-10     53.045 and 54.04(d)(3), Family Code; and

1-11                 (2)  the permissive or mandatory waiver of the

1-12     exclusive  original jurisdiction of the juvenile court over a child

1-13     and the transfer of the child to a district court or criminal

1-14     district court for criminal proceedings under Section 54.02, Family

1-15     Code.

1-16           (b)  The study shall consider:

1-17                 (1)  the financial costs of treating a child as an

1-18     adult in the manner described by Subsection (a);

1-19                 (2)  the psychological impact of placing a child in the

1-20     adult prison system in both the short and long term;

1-21                 (3)  the resources available to a child placed in the

1-22     adult prison system to help the child adjust to the placement;

1-23                 (4)  the long-term sociological impact of treating a

1-24     child as an adult in the manner described by Subsection (a) on the

 2-1     community;

 2-2                 (5)  whether treating a child as an adult in the manner

 2-3     described by Subsection (a) is a deterrent to juvenile crime or is

 2-4     perceived as a deterrent to juvenile crime; and

 2-5                 (6)  the practice in other states relating to treating

 2-6     a child as an adult in the manner described by Subsection (a) and

 2-7     whether in those states it is a deterrent to juvenile crime or is

 2-8     perceived as a deterrent to juvenile crime.

 2-9           (c)  The commission shall report its findings to the governor

2-10     and the legislature by September 1, 1998.

2-11           (d)  This section expires September 1, 1998.

2-12           SECTION 2.  This Act takes effect September 1, 1997.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.