HBA-SEB H.B. 1269 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1269
By: Goodman
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

A court may detain a child taken into custody prior to a detention hearing
in several instances, including if the child has no suitable supervision or
has previously been found to be a delinquent child.  Prior to the 76th
Legislature, the court was not authorized to detain the child if the child
is alleged to have engaged in conduct involving a firearm.  H.B. 1269
authorizes a court to detain a child for alleged conduct involving the use,
possession, or exhibition of a firearm until a detention hearing is held or
until the child is released at the discretion of a judge of a juvenile
court, a substitute judge, or a qualified referee.  This bill also
establishes that a child may be held in a county jail or other facility
under specific circumstances.    

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 Section 53.02, Family Code, by amending Subsection (b)
and adding Subsection (f), as follows: 

(b)  Includes conduct that occurs under Subsection (f) as an occasion for
which an appropriate officer of the court is authorized to detain a child
taken into custody prior to hearing on a petition.  Makes conforming and
nonsubstantive changes. 

(f)  Requires a child to be detained until the child is released at the
discretion of a judge of a juvenile court, a substitute judge, or a
referee, including an oral direction by telephone, or until a detention
hearing is held as required by Section 54.01, Family Code (Detention
Hearing), if the child is alleged to have engaged in delinquent conduct and
to have used, possessed, or exhibited a firearm in the commission of the
offense. 

SECTION 2.  Amends Sections 51.04(f) and (g), Family Code, as follows:

(f)  Authorizes any magistrate to make a determination under Section
53.02(f) if a judge of a juvenile court or any alternative judge is
unavailable.  Makes a conforming change. 

(g)  Authorizes a juvenile board or juvenile court to appoint a referee to
make determinations under Section 53.02(f).  Requires a referee to comply
with Section 54.10.  Deletes text regarding this section and this code.
Makes conforming and nonsubstantive changes. 

SECTION 3.  Amends and reenacts Section 51.12, Family Code, as amended by
Chapters 772 and 1374, Acts of the 75th Legislature, Regular Session, 1997,
to authorize a child who is taken into custody and required to be detained
under Section 53.02(f) to be detained in a county jail or other facility
until the child is released or until a detention hearing is held,
regardless of whether the facility complies with the requirements of this
section, if certain requirements are met.  Authorizes the child to be
detained in a county jail or other facility if a certified juvenile
detention facility or secure detention facility is not available in that
county or an adjacent county, the facility has been designated by the
county juvenile board, the child is separated by sight and sound from
adults  detained in the same facility, the child does not have any contact
with management or direct care staff that has contact with adults detained
in the same facility, the county is not located in a metropolitan
statistical area, and each judge of the juvenile court and the members of
the county juvenile board have personally inspected and certified the
facility at least annually.  Redesignates Subsections (i) and (j) to (j)
and (k).  Makes conforming changes. 

SECTION 4. Amends Section 54.01, Family Code, by amending Subsection (a)
and adding Subsection (p), as follows: 

(a)  Provides that Subsection (p) is an exception to this subsection, which
requires a detention hearing without a jury to be held promptly if a child
is not released under Section 53.02.  Makes a nonsubstantive change.   

(p)  Requires a detention hearing without a jury to be held promptly, but
not later than the 24th hour of taking a child into custody, excluding
weekends and holidays, if the child is detained in a county jail or other
facility and the child is not released under Section 53.02(f).  
SECTION 5. Amends Section 54.10, Family Code, to authorize a referee to
make a determination under Section 53.02(f) whether to  release a child if
the child has been informed that the child is entitled to have the
determination made by a juvenile court judge or a substitute judge, or the
child and the child's attorney have waived the right to have the
determination made by the juvenile court judge or substitute judge.
Requires a juvenile court judge or a substitute judge to make the
determination if a child objects to a referee making the determination.
Requires the referee to transmit written findings and recommendations to
the juvenile court judge at the conclusion of the hearing or immediately
after making the determination.  Redesignates Subsection (c) to (e). Makes
conforming and nonsubstantive changes. 

SECTION 6.  Makes application of this Act prospective.  Provides that
conduct violating a penal law of this state occurs on or after the
effective date of this Act if every element of the violation occurs on or
after that date. 

SECTION 7.  Effective date:  September 1, 1999.

SECTION 8.  Emergency clause.