HBA-SEB H.B. 1153 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1153 By: Puente Juvenile Justice and Family Issues 3/28/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, a judge may require an adult to submit to a period of confinement for up to 30 days as a condition of probation. H.B. 1153 authorizes a court to place a juvenile in a certified juvenile detention facility for up to 30 days as a condition of probation. It also authorizes a court to place the child in a detention facility more than once during the same period of probation as long as the total period of detention does not exceed 30 days. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 54, Family Code, by adding Section 54.0406, as follows: Sec. 54.0406. CHILD PLACED IN COUNTY DETENTION FACILITY AS CONDITION OF PROBATION. (a) Authorizes a court, as a condition of probation, to place a child for not more than 30 days in a certified juvenile detention facility operated by or under contract with the county in which the disposition is made if the court or jury makes a disposition placing the child on probation under Section 54.04(d)(1) (regarding the placement of a child on probation). Authorizes the court to place the child in a detention facility at the time the court makes the disposition placing the child on probation or at any time during the period of probation in order to modify the disposition under Section 54.05 (Hearing to Modify Disposition). (b) Authorizes the court to place a child in a certified juvenile detention facility as provided by Subsection (a) more than once during the same period of probation. Prohibits the total amount of time that the child is placed in a detention facility from exceeding 30 days. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 Amends SECTION 1 by amending proposed Section 54.0406(a), Family Code, to specify that a court is authorized, as a condition of probation, to place a child for not more than 30 days in a certified juvenile detention or correctional facility, rather than only a certified juvenile detention facility, that is operated by or under contract with the county in which the disposition is made. Committee Amendment #2 Amends SECTION 1 by amending Section 54.0406(b), Family Code, to make a conforming change.