SRC-DPW H.B. 2869 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2869
76R13154 JMC-FBy: Capelo (Ellis)
Jurisprudence
5/14/1999
Engrossed


DIGEST 

Facilitating the apprehension and prosecution of people who provide
handguns to juveniles may reduce the number of handguns in the hands of
juveniles.  H.B. 2869 requires the juvenile, as a condition of probation,
to notify the juvenile's supervising juvenile probation officer of the
manner in which the juvenile acquired the handgun. Furthermore, this
substitute requires the probation officer to notify the appropriate local
law enforcement agency upon receiving the information from the child.  H.B.
2869 also prohibits use of the information as evidence against the child in
a juvenile or criminal proceeding.  

PURPOSE

As proposed, H.B. 2869 requires a child to provide certain information to a
juvenile probation officer as a condition of probation for certain offenses
involving a handgun. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54, Family Code, by adding Section 54.0406, as
follows:  

Sec. 54.0406. CHILD PLACED ON PROBATION FOR CONDUCT INVOLVING A HANDGUN.
Requires a court, as a condition for probation, to require a child placed
on probation under Section 54.04(d), and found responsible for a handgun
involved as an element of the offense, to inform the probation officer of
the manner in which the handgun was obtained within 30 days from the date
the child is placed on probation.  Requires the probation officer to notify
the appropriate local law enforcement agency upon receiving the information
from the child.  Prohibits information provided by a child to a juvenile
probation officer as required by this section or any information derived
from that information from being used as evidence against the child in a
juvenile or criminal proceeding.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.