BILL ANALYSIS
By: Dutton
Juvenile Justice & Family Issues
BACKGROUND AND PURPOSE
Peace officers do not have the clear authority to transfer a juvenile who is taken into custody for a minor offense, such as a curfew violation, from the location of the arrest back to their assigned school during school hours. It is often difficult to locate a parent or guardian during school hours because the parents or guardians are at work. The child can be left with a responsible adult, but the adult must promise to bring the child before the juvenile court as requested. The alternative is to take the child to a detention center, which may not be in the best interest of a juvenile who has been detained for a minor offense.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Section 52.02 of the Family Code by adding subsection (7) to provide that if school is in session and the child is a student, a peace officer may also bring the child to the school campus to which the child is assigned if the principal, the principal's designee, or a peace officer assigned to the campus agrees to assume responsibility for the child for the remainder of the school day.
SECTION 2. This Act takes effect September 1, 2007.
EFFECTIVE DATE
September 1, 2007.