1-1 AN ACT
1-2 relating to the requirement that a child provide certain
1-3 information to a juvenile probation officer as a condition of
1-4 probation for certain offenses involving a handgun.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 54, Family Code, is amended by adding
1-7 Section 54.0406 to read as follows:
1-8 Sec. 54.0406. CHILD PLACED ON PROBATION FOR CONDUCT
1-9 INVOLVING A HANDGUN. (a) If a court or jury places a child on
1-10 probation under Section 54.04(d) for conduct that violates a penal
1-11 law that includes as an element of the offense the possession,
1-12 carrying, using, or exhibiting of a handgun, as defined by Section
1-13 46.01, Penal Code, and if at the adjudication hearing the court or
1-14 jury affirmatively finds that the child personally possessed,
1-15 carried, used, or exhibited the handgun, the court shall require as
1-16 a condition of probation that the child, not later than the 30th
1-17 day after the date the court places the child on probation, notify
1-18 the juvenile probation officer who is supervising the child of the
1-19 manner in which the child acquired the handgun, including the date
1-20 and place of and any person involved in the acquisition.
1-21 (b) On receipt of information described by Subsection (a), a
1-22 juvenile probation officer shall promptly notify the appropriate
1-23 local law enforcement agency of the information.
1-24 (c) Information provided by a child to a juvenile probation
2-1 officer as required by Subsection (a) and any other information
2-2 derived from that information may not be used as evidence against
2-3 the child in any juvenile or criminal proceeding.
2-4 SECTION 2. (a) The change in law made by this Act applies
2-5 only to a child placed on probation under Section 54.04(d), Family
2-6 Code, for conduct that occurs on or after the effective date of
2-7 this Act. Conduct violating a penal law of the state occurs on or
2-8 after the effective date of this Act if every element of the
2-9 violation occurs on or after that date.
2-10 (b) Conduct that occurs before the effective date of this
2-11 Act is covered by the law in effect at the time the conduct
2-12 occurred, and the former law is continued in effect for that
2-13 purpose.
2-14 SECTION 3. This Act takes effect September 1, 1999.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2869 was passed by the House on May
13, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2869 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor