By West S.B. No. 283
76R2675 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that a juvenile board adopt guidelines
1-3 for the informal disposition of a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 52.03(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) A law-enforcement officer authorized by this title to
1-8 take a child into custody may dispose of the case of a child taken
1-9 into custody without referral to juvenile court, if:
1-10 (1) guidelines for such disposition have been adopted
1-11 [issued by the law-enforcement agency in which the officer works;]
1-12 [(2) the guidelines have been approved] by the
1-13 juvenile board of the county in which the disposition is made as
1-14 required by Section 52.032;
1-15 (2) [(3)] the disposition is authorized by the
1-16 guidelines; and
1-17 (3) [(4)] the officer makes a written report of the
1-18 officer's [his] disposition to the law-enforcement agency,
1-19 identifying the child and specifying the grounds for believing
1-20 that the taking into custody was authorized.
1-21 SECTION 2. Section 52.031(c), Family Code, is amended to
1-22 read as follows:
1-23 (c) The disposition of a child under the first offender
1-24 program may not take place until[:]
2-1 [(1)] guidelines for the disposition have been adopted
2-2 [issued] by the juvenile board of the county in which the
2-3 disposition is made as required by Section 52.032 [the agency
2-4 designated under Subsection (b); and]
2-5 [(2) the juvenile board has approved the guidelines].
2-6 SECTION 3. Chapter 52, Family Code, is amended by adding
2-7 Section 52.032 to read as follows:
2-8 Sec. 52.032. INFORMAL DISPOSITION GUIDELINES. The juvenile
2-9 board of each county, in cooperation with each law enforcement
2-10 agency in the county, shall adopt guidelines for the disposition
2-11 of a child under Section 52.03 or 52.031.
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
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.