78R7073 SLO-F

By:  Moreno of Harris                                             H.B. No. 2009



A BILL TO BE ENTITLED

AN ACT

relating to the detention of a juvenile nonoffender; providing 
penalties.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 54.011, Family Code, is 
amended to read as follows:
	Sec. 54.011.  DETENTION HEARINGS FOR STATUS OFFENDERS AND 
NONOFFENDERS; PENALTY.
	SECTION 2.  Section 54.011, Family Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  A nonoffender may not be detained for any period of time 
in a secure detention facility or secure correctional facility, 
regardless of whether the facility is publicly or privately 
operated.  A nonoffender who is detained in violation of this 
subsection is entitled to immediate release from the facility and 
may bring a civil action for compensation for the illegal detention 
against any person responsible for the detention.  A person commits 
an offense if the person knowingly detains or assists in detaining a 
nonoffender in a secure detention facility or secure correctional 
facility in violation of this subsection.  An offense under this 
subsection is a Class B misdemeanor.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Section 54.011(f), Family Code, as added by this Act, 
applies only to a nonoffender who is detained in a secure detention 
facility or secure correctional facility on or after the effective 
date of this Act.  A nonoffender who is detained in a secure 
detention facility or secure correctional facility before the 
effective date of this Act is not entitled to bring a civil action  
under Section 54.011(f), Family Code, as added by this Act.
	(c)  Section 54.011(f), Family Code, as added by this Act,  
applies only to conduct that occurs on or after the effective date 
of this Act.  Conduct violating the penal law of this state occurs 
on or after the effective date of this Act if any element of the 
violation occurs on or after that date.  Conduct that occurs before 
the effective date of this Act is governed by the law in effect at 
the time the conduct occurred, and that law is continued in effect 
for that purpose.