By:  Shapiro                                            S.B. No. 32
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the mandatory detention of a juvenile for engaging in
 1-2     certain conduct.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 53.02, Family Code, is amended by
 1-5     amending Subsection (b) and adding Subsection (f) to read as
 1-6     follows:
 1-7           (b)  A child taken into custody may be detained prior to
 1-8     hearing on the petition only if:
 1-9                 (1)  the child [he] is likely to abscond or be removed
1-10     from the jurisdiction of the court;
1-11                 (2)  suitable supervision, care, or protection for the
1-12     child [him] is not being provided by a parent, guardian, custodian,
1-13     or other person;
1-14                 (3)  the child [he] has no parent, guardian, custodian,
1-15     or other person able to return the child [him] to the court when
1-16     required;
1-17                 (4)  the child [he] may be dangerous to himself or
1-18     herself or the child [he] may threaten the safety of the public if
1-19     released; [or]
1-20                 (5)  the child [he] has previously been found to be a
1-21     delinquent child or has previously been convicted of a penal
1-22     offense punishable by a term in jail or prison and is likely to
1-23     commit an offense if released; or
1-24                 (6)  the child's detention is required under Subsection
 2-1     (f).
 2-2           (f)  A child who is alleged to have engaged in delinquent
 2-3     conduct and to have used, possessed, or exhibited a firearm, as
 2-4     defined by Section 46.01, Penal Code, in the commission of the
 2-5     offense shall be detained until the child is released at the
 2-6     direction of the judge of the juvenile court, a substitute judge
 2-7     authorized by Section 51.04(f), or a referee appointed under
 2-8     Section 51.04(g), including an oral direction by telephone, or
 2-9     until a detention hearing is held as required by Section 54.01.
2-10           SECTION 2.  (a)  The change in law made by this Act applies
2-11     only to conduct that occurs on or after the effective date of this
2-12     Act.  Conduct violating a penal law of the state occurs on or after
2-13     the effective date of this Act if every element of the violation
2-14     occurs on or after that date.
2-15           (b)  Conduct that occurs before the effective date of this
2-16     Act is covered by the law in effect at the time the conduct
2-17     occurred, and the former law is continued in effect for that
2-18     purpose.
2-19           SECTION 3.  This Act takes effect September 1, 1999.
2-20           SECTION 4.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.