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.
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