AN ACT
1-1 relating to the requirement that a juvenile board adopt guidelines
1-2 for the informal disposition of a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 52.03, Family Code, is
1-5 amended to read as follows:
1-6 (a) A law-enforcement officer authorized by this title to
1-7 take a child into custody may dispose of the case of a child taken
1-8 into custody without referral to juvenile court, if:
1-9 (1) guidelines for such disposition have been adopted
1-10 [issued by the law-enforcement agency in which the officer works;]
1-11 [(2) the guidelines have been approved] by the
1-12 juvenile board of the county in which the disposition is made as
1-13 required by Section 52.032;
1-14 (2) [(3)] the disposition is authorized by the
1-15 guidelines; and
1-16 (3) [(4)] the officer makes a written report of the
1-17 officer's [his] disposition to the law-enforcement agency,
1-18 identifying the child and specifying the grounds for believing that
1-19 the taking into custody was authorized.
1-20 SECTION 2. Subsection (c), Section 52.031, Family Code, is
1-21 amended to read as follows:
1-22 (c) The disposition of a child under the first offender
1-23 program may not take place until[:]
1-24 [(1)] guidelines for the disposition have been adopted
2-1 [issued] by the juvenile board of the county in which the
2-2 disposition is made as required by Section 52.032 [the agency
2-3 designated under Subsection (b); and]
2-4 [(2) the juvenile board has approved the guidelines].
2-5 SECTION 3. Chapter 52, Family Code, is amended by adding
2-6 Section 52.032 to read as follows:
2-7 Sec. 52.032. INFORMAL DISPOSITION GUIDELINES. The juvenile
2-8 board of each county, in cooperation with each law enforcement
2-9 agency in the county, shall adopt guidelines for the disposition of
2-10 a child under Section 52.03 or 52.031. The guidelines adopted
2-11 under this section shall not be considered mandatory.
2-12 SECTION 4. The juvenile board of each county shall adopt the
2-13 guidelines required by Section 52.032, Family Code, as added by
2-14 this Act, not later than January 1, 2000.
2-15 SECTION 5. (a) The change in law made by this Act applies
2-16 only to a disposition under Section 52.03 or 52.031, Family Code,
2-17 as amended by this Act, based on conduct that occurs on or after
2-18 January 1, 2000. Conduct violating a penal law of the state occurs
2-19 on or after January 1, 2000, if every element of the violation
2-20 occurs on or after that date.
2-21 (b) Conduct that occurs before January 1, 2000, is covered
2-22 by the law in effect immediately before the effective date of this
2-23 Act, and the former law is continued in effect for that purpose.
2-24 SECTION 6. This Act takes effect September 1, 1999.
2-25 SECTION 7. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 283 passed the Senate on
March 11, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 283 passed the House on
April 23, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor