SRC-JBJ S.B. 283 76(R)BILL ANALYSIS


Senate Research CenterS.B. 283
76R2675 JMC-DBy: West
Criminal Justice
2/25/1999
Committee Report (Amended)


DIGEST 

Currently, the state and local governments give law enforcement officers
the latitude to dispose of a juvenile case without having a juvenile court
adjudicate the matter.  More than half of Texas counties, usually the least
populated areas, place no emphasis whatsoever on any type of informal
disposition, according to a 1997 survey by the Office of Court
Administration, such as deferred prosecution, the STAR Program, First
Program, Neighborhood/County Committees, Teen Court, and early intervention
programs.   A legislative provision requiring local juvenile board to
develop some guidelines would provide better guidance to an area as to how
to better dispose of juvenile cases.  S.B. 283 requires local juvenile
boards to develop informal disposition guidelines, and adhere to the
guidelines prior to release of a juvenile offender. 

PURPOSE

As proposed, S.B. 283 requires a juvenile board to adopt guidelines for the
informal disposition of 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 52.03(a), Family Code, to authorize a
law-enforcement officer who has taken a child into custody to dispose of
the case without referral to juvenile court if guidelines of such
disposition have been adopted by the county juvenile board  rather than
issued by the law enforcement agency in which the officer works.  Makes
nonsubstantive and conforming changes.   

SECTION 2.  Amends Section 52.031(c), Family Code, to prohibit the
disposition of a child under the first offender program from taking place
until guidelines have been adopted by the juvenile board of the county in
which the disposition is made, rather than the agency designated under
Subsection (b).  Makes conforming and nonsubstantive changes.   

SECTION 3.  Amends Chapter 52, Family Code, by adding Section 52.032, as
follows: 

Sec. 52.032.  INFORMAL DISPOSITION GUIDELINES.  Requires the juvenile board
of each county, in cooperation with each law enforcement agency in the
county, to adopt guidelines for the disposition of a child under Section
52.03 or 52.031, Family Code.  Provides that the guidelines under this
section shall not be considered mandatory. 

SECTION 4.  Requires the juvenile boards to adopt guidelines under Section
52.032, Family Code, no later than January 1, 2000. 

SECTION 5.Makes application of this Act prospective to January 1, 2000.

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.
SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 52.032, Family Code, to add the provision that the
guidelines adopted under this section shall not be considered mandatory.