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.