SRC-JXG H.B. 2870 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2870
76R8897 JMC-FBy: Capelo (Ellis)
Jurisprudence
5/13/1999
Engrossed


DIGEST 

Currently, Texas law requires a juvenile court to report deviations from
the progressive sanctions guidelines to the Texas Juvenile Probation
Commission board.  Under Section 59.014, Family Code, the failure of the
court to make a sanction level assignment as required by the guidelines is
not a ground for appeal.  H.B. 2870 prohibits a child from filing an appeal
or a post conviction writ of habeas corpus based on a deviation from the
sanction level assignments guidelines by a juvenile court or probation
department, or the failure of the court or department to report the
deviation.  

PURPOSE

As proposed, H.B. 2870 sets forth provisions regulating grounds for appeal
or a postconviction writ of habeas corpus brought by a child. 

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 Section 59.014, Family Code, as follows:

Sec. 59.014. APPEAL. Prohibits a child from filing an appeal or a post
conviction writ of habeas corpus based on a deviation from the sanction
level assignment guidelines provided by Chapter 59, or failure by a
juvenile court or probation department to report a deviation from the
guidelines specified in Section 59.003(e).  Makes conforming changes.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.