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


Senate Research CenterC.S.S.B. 32
By: Shapiro
Criminal Justice
3/25/1999
Committee Report (Substituted)


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
certain conduct.  In such cases, the juveniles are released to their
parents or guardian until a detention hearing is set.  C.S.S.B. 32 would
establish provisions relating to the mandatory detention of a juvenile for
engaging in certain conduct. 

PURPOSE

As proposed, C.S.S.B. 32 establishes provisions relating to the mandatory
detention of a juvenile for engaging in certain conduct. 

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 53.02, Family Code, by amending Subsection (b)
and adding Subsection (f), to authorize a child taken into custody to be
detained prior to a hearing on the petition only if the child fulfills
certain conditions.  Requires a child who is alleged to have engaged in
delinquent conduct and to have used, possessed, or exhibited a firearm in
the commission of the offense to be detained until the child is released at
the discretion of the certain court officials.  Makes conforming and
nonsubstantive changes 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 53.02, Family Code, to establish conduct that authorizes the
detention of a child who engages in delinquent conduct including use,
exhibition, or possession of a firearm.  Sets forth conditions by which a
juvenile may be released.  Makes conforming and nonsubstantive changes.
Deletes existing proposed Section 54.04, Family Code, regarding the
detainment of  child, if adjudicated to have engaged in certain delinquent
conduct involving a firearm.