HBA-GUM C.S.H.B. 2869 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2869
By: Capelo
Juvenile Justice & Family Issues
5/3/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Facilitating the apprehension and prosecution of people who provide
handguns to juveniles may reduce the number of handguns in the hands of
juveniles.  C.S.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.
C.S.H.B. 2869 also prohibits use of the information as evidence against the
child in a juvenile or criminal proceeding. 

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 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) (relating to juvenile probation), 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.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies SECTION 1 of the original by adding Subsection (c)
to proposed Section 54.0406 (Child Placed on Probation for Conduct
Involving a Handgun) to prohibit 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.