SRC-JJJ S.B. 32 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 32
76R1961 JMC-DBy: Shapiro
Criminal Justice
3/22/1999
As Filed


DIGEST 

Currently, law enforcement agencies are unable to detain a juvenile prior
to a hearing if a juvenile has been taken into custody for engaging in
conduct involving a firearm.  In such cases, the juveniles are released to
their parents or guardian until a detention hearing is set.  S.B. 32 would
require the immediate detention of juveniles who possess, use, or exhibit a
firearm in the commission of an offense.  

PURPOSE

As proposed, S.B. 32 establishes provisions relating to the disposition of
certain juveniles who unlawfully possess or use a firearm in conduct that
constitutes an offense.  

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 54.04, Family Code, by amending Subsection (d)
and adding Subsection (g), to provide that if a child is adjudicated or if
at an adjudication hearing the child  is found to have  have engaged in
delinquent conduct involving possession of a firearm, as described in
Chapter 46, Section 46.01, Penal Code, the court shall order confinement of
the child in a juvenile detention center for not less than one day and not
more than 90 days.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.