BILL ANALYSIS

 

 

                                                                                                                                             H.B. 776

                                                                                                                                          By: Dutton

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

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.

 

H.B.776 would allow a peace officer to return a child to the school campus where he or she is enrolled during school hours if the school principal or a peace officer assigned to the school campus agrees to assume responsibility for the child.

 

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.