1-1     By:  Shapiro                                            S.B. No. 32
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 29, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; March 29, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 32                   By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the mandatory detention of a juvenile for engaging in
1-11     certain conduct.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 53.02, Family Code, is amended by
1-14     amending Subsection (b) and adding Subsection (f) to read as
1-15     follows:
1-16           (b)  A child taken into custody may be detained prior to
1-17     hearing on the petition only if:
1-18                 (1)  the child [he] is likely to abscond or be removed
1-19     from the jurisdiction of the court;
1-20                 (2)  suitable supervision, care, or protection for the
1-21     child [him] is not being provided by a parent, guardian, custodian,
1-22     or other person;
1-23                 (3)  the child [he] has no parent, guardian, custodian,
1-24     or other person able to return the child [him] to the court when
1-25     required;
1-26                 (4)  the child [he] may be dangerous to himself or
1-27     herself or the child [he] may threaten the safety of the public if
1-28     released; [or]
1-29                 (5)  the child [he] has previously been found to be a
1-30     delinquent child or has previously been convicted of a penal
1-31     offense punishable by a term in jail or prison and is likely to
1-32     commit an offense if released; or
1-33                 (6)  the child's detention is required under Subsection
1-34     (f).
1-35           (f)  A child who is alleged to have engaged in delinquent
1-36     conduct and to have used, possessed, or exhibited a firearm, as
1-37     defined by Section 46.01, Penal Code, in the commission of the
1-38     offense shall be detained until the child is released at the
1-39     direction of the judge of the juvenile court, a substitute judge
1-40     authorized by Section 51.04(f), or a referee appointed under
1-41     Section 51.04(g), including an oral direction by telephone, or
1-42     until a detention hearing is held as required by Section 54.01.
1-43           SECTION 2.  (a)  The change in law made by this Act applies
1-44     only to conduct that occurs on or after the effective date of this
1-45     Act.  Conduct violating a penal law of the state occurs on or after
1-46     the effective date of this Act if every element of the violation
1-47     occurs on or after that date.
1-48           (b)  Conduct that occurs before the effective date of this
1-49     Act is covered by the law in effect at the time the conduct
1-50     occurred, and the former law is continued in effect for that
1-51     purpose.
1-52           SECTION 3.  This Act takes effect September 1, 1999.
1-53           SECTION 4.  The importance of this legislation and the
1-54     crowded condition of the calendars in both houses create an
1-55     emergency and an imperative public necessity that the
1-56     constitutional rule requiring bills to be read on three several
1-57     days in each house be suspended, and this rule is hereby suspended.
1-58                                  * * * * *