By Ellis                                        S.B. No. 1472

      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.