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