By Goodman H.B. No. 1269
76R3924 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the mandatory detention of a juvenile for engaging in
1-3 certain conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 53.02, Family Code, is amended by
1-6 amending Subsection (b) and adding Subsection (f) to read as
1-7 follows:
1-8 (b) A child taken into custody may be detained prior to
1-9 hearing on the petition only if:
1-10 (1) the child [he] is likely to abscond or be removed
1-11 from the jurisdiction of the court;
1-12 (2) suitable supervision, care, or protection for the
1-13 child [him] is not being provided by a parent, guardian, custodian,
1-14 or other person;
1-15 (3) the child [he] has no parent, guardian, custodian,
1-16 or other person able to return the child [him] to the court when
1-17 required;
1-18 (4) the child [he] may be dangerous to himself or
1-19 herself or the child [he] may threaten the safety of the public if
1-20 released; [or]
1-21 (5) the child [he] has previously been found to be a
1-22 delinquent child or has previously been convicted of a penal
1-23 offense punishable by a term in jail or prison and is likely to
1-24 commit an offense if released; or
2-1 (6) the child's detention is required under Subsection
2-2 (f).
2-3 (f) A child who is alleged to have engaged in conduct
2-4 involving the use, possession, or exhibition of a firearm, as
2-5 defined by Section 46.01, Penal Code, shall be detained until a
2-6 detention hearing is held as required by Section 54.01.
2-7 SECTION 2. (a) The change in law made by this Act applies
2-8 only to conduct that occurs on or after the effective date of this
2-9 Act. Conduct violating a penal law of the state occurs on or
2-10 after the effective date of this Act if every element of the
2-11 violation occurs on or after that date.
2-12 (b) Conduct that occurs before the effective date of this
2-13 Act is covered by the law in effect at the time the conduct
2-14 occurred, and the former law is continued in effect for that
2-15 purpose.
2-16 SECTION 3. This Act takes effect September 1, 1999.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.
2-22 COMMITTEE AMENDMENT NO. 1
2-23 Amend HB 1269 as follows:
2-24 Amend Section 1 of the bill by amending Section 53.02(f) of
2-25 the Texas Family Code, on page 2, lines 3-6 of the bill to read as
2-26 follows:
2-27 (f) If a certified juvenile detention facility or a
3-1 short-term detention facility that complies with the requirements
3-2 of Section 51.12(i) is available in the county in which a child is
3-3 taken into custody and the child is alleged to have engaged in
3-4 conduct involving the use, possession, or exhibition of a firearm,
3-5 as defined by Section 46.01, Penal Code, the child shall be
3-6 detained until a detention hearing is held as required by Section
3-7 54.01.
3-8 Pickett