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


Office of House Bill AnalysisH.B. 2870
By: Capelo
Juvenile Justice and Family Issues
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires 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.