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


Office of House Bill AnalysisH.B. 1269
By: Goodman
Juvenile Justice and Family Issues
3/4/1999
Committee Report (Amended)

BACKGROUND AND PURPOSE 

Currently, 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.
The court is not authorized to detain the child if the child is alleged to
have engaged in conduct involving a firearm.  Because of an increase in
juvenile crimes involving firearms, the detainment of the child until a
detention hearing, which is required to be held within 48 hours of arrest,
may benefit public safety.  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.    

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 a detention hearing is held as
required by Section 54.01, Family Code (Detention Hearing), if the child is
alleged to have engaged in conduct involving the use, possession, or
exhibition of a firearm as defined by Section 46.01, Penal Code
(Definitions). 

SECTION 2.  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 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause. 

EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 1.  Amends Section 53.02(f), Family Code, to specify that if a
county in which a child is taken into custody has available a certified
juvenile detention facility or short-term detention facility that complies
with the requirements of Section 51.12(i) (regarding place and conditions
of detainment), the child is required to be detained until a detention
hearing is held if the child is alleged to have engaged in conduct
involving the use, possession, or exhibition of a firearm.