HBA-GUM H.B. 2870 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2870
By: Capelo
Juvenile Justice and Family Issues
7/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law required a juvenile court to
report deviations from the progressive sanctions guidelines (a set of
discretionary disposition guidelines for juvenile probation departments,
juvenile prosecutors, and juvenile court judges)  to the Texas Juvenile
Probation Commission board under Section 59.003, Family Code.  Section
59.014, Family Code, states that 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
postconviction 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. 

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 59.014, Family Code, as follows:

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

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.