1-1 By: Capelo, et al. (Senate Sponsor - Ellis) H.B. No. 2869 1-2 (In the Senate - Received from the House May 13, 1999; 1-3 May 14, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 14, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the requirement that a child provide certain 1-9 information to a juvenile probation officer as a condition of 1-10 probation for certain offenses involving a handgun. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 54, Family Code, is amended by adding 1-13 Section 54.0406 to read as follows: 1-14 Sec. 54.0406. CHILD PLACED ON PROBATION FOR CONDUCT 1-15 INVOLVING A HANDGUN. (a) If a court or jury places a child on 1-16 probation under Section 54.04(d) for conduct that violates a penal 1-17 law that includes as an element of the offense the possession, 1-18 carrying, using, or exhibiting of a handgun, as defined by Section 1-19 46.01, Penal Code, and if at the adjudication hearing the court or 1-20 jury affirmatively finds that the child personally possessed, 1-21 carried, used, or exhibited the handgun, the court shall require as 1-22 a condition of probation that the child, not later than the 30th 1-23 day after the date the court places the child on probation, notify 1-24 the juvenile probation officer who is supervising the child of the 1-25 manner in which the child acquired the handgun, including the date 1-26 and place of and any person involved in the acquisition. 1-27 (b) On receipt of information described by Subsection (a), a 1-28 juvenile probation officer shall promptly notify the appropriate 1-29 local law enforcement agency of the information. 1-30 (c) Information provided by a child to a juvenile probation 1-31 officer as required by Subsection (a) and any other information 1-32 derived from that information may not be used as evidence against 1-33 the child in any juvenile or criminal proceeding. 1-34 SECTION 2. (a) The change in law made by this Act applies 1-35 only to a child placed on probation under Section 54.04(d), Family 1-36 Code, for conduct that occurs on or after the effective date of 1-37 this Act. Conduct violating a penal law of the state occurs on or 1-38 after the effective date of this Act if every element of the 1-39 violation occurs on or after that date. 1-40 (b) Conduct that occurs before the effective date of this 1-41 Act is covered by the law in effect at the time the conduct 1-42 occurred, and the former law is continued in effect for that 1-43 purpose. 1-44 SECTION 3. This Act takes effect September 1, 1999. 1-45 SECTION 4. The importance of this legislation and the 1-46 crowded condition of the calendars in both houses create an 1-47 emergency and an imperative public necessity that the 1-48 constitutional rule requiring bills to be read on three several 1-49 days in each house be suspended, and this rule is hereby suspended. 1-50 * * * * *