By Gallego H.B. No. 1778
75R2671 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the time requirements for certain petitions and
1-3 hearings for a juvenile who is in detention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 53.04(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) If the preliminary investigation[,] required by Section
1-8 53.01 [of this code] results in a determination that further
1-9 proceedings are authorized and warranted, a petition for an
1-10 adjudication or transfer hearing of a child alleged to have engaged
1-11 in delinquent conduct or conduct indicating a need for supervision
1-12 may be made as promptly as practicable by a prosecuting attorney
1-13 who has knowledge of the facts alleged or is informed and believes
1-14 that they are true. If the child, however, is taken into custody,
1-15 is detained under Section 53.02(b) or 53.06(d), and is not released
1-16 under Section 53.02(a) or 54.01(e), the prosecuting attorney shall
1-17 file a petition for an adjudication hearing not later than the
1-18 seventh working day after the date on which the child is taken into
1-19 custody. The petition may be filed later than the seventh working
1-20 day after the date on which the child is taken into custody if the
1-21 prosecuting attorney files with the court a written request
1-22 demonstrating good cause. If the court grants an extension under
1-23 this subsection, the petition for an adjudication hearing shall be
1-24 filed within a reasonable time after the date on which the court
2-1 grants the extension.
2-2 SECTION 2. Section 53.05, Family Code, is amended by
2-3 amending Subsection (b) and adding Subsections (c) and (d) to read
2-4 as follows:
2-5 (b) The time set for the transfer hearing shall not be later
2-6 than 10 working days after the day the petition was filed if:
2-7 (1) the child is in detention; or
2-8 (2) the child will be taken into custody under Section
2-9 53.06(d) [of this code].
2-10 (c) Except as provided by Subsection (d), the time set for
2-11 the adjudication hearing shall not be later than the 14th working
2-12 day after the date on which the petition is filed if the child is
2-13 in detention and is not released under Section 53.02(a) or
2-14 54.01(e).
2-15 (d) The time set for the adjudication hearing may be later
2-16 than the 14th working day after the date on which the petition is
2-17 filed if the prosecuting attorney, or the attorney for the child,
2-18 files with the court a written request demonstrating good cause to
2-19 postpone the adjudication hearing. If the court grants a
2-20 postponement under this subsection, the time set for the hearing
2-21 shall be within a reasonable time after the date on which the court
2-22 grants the postponement.
2-23 SECTION 3. Section 54.04, Family Code, is amended by adding
2-24 Subsection (p) to read as follows:
2-25 (p) If the child is in detention, the court shall hold a
2-26 disposition hearing under this section not later than the 30th
2-27 working day after the date on which the adjudication hearing is
3-1 held under Section 54.03, unless the prosecuting attorney files
3-2 with the court a written request demonstrating good cause to
3-3 postpone the disposition hearing. If the court grants a
3-4 postponement under this subsection, the time set for the hearing
3-5 shall be within a reasonable time after the date on which the court
3-6 grants the postponement.
3-7 SECTION 4. (a) The change in law made by this Act applies
3-8 only to conduct that occurs on or after the effective date of this
3-9 Act. Conduct violating a penal law of the state occurs on or after
3-10 the effective date of this Act if every element of the violation
3-11 occurs on or after that date.
3-12 (b) Conduct that occurs before the effective date of this
3-13 Act is covered by the law in effect at the time the conduct
3-14 occurred, and the former law is continued in effect for that
3-15 purpose.
3-16 SECTION 5. This Act takes effect September 1, 1997.
3-17 SECTION 6. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.