BILL ANALYSIS

 

 

Senate Research Center                                                                                                C.S.H.B. 776

80R13554 SLO-F                                                                                                By: Dutton (Janek)

                                                                                                                                      Jurisprudence

                                                                                                                                              5/3/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Municipal peace officers do not have the authority to transfer a juvenile from a location where the juvenile was taken into custody to their assigned school after the juvenile has been taken into custody for certain reasons, including delinquent conduct.

 

C.S.H.B. 776 authorizes a peace officer to bring a juvenile in custody 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.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 52.02(a), Family Code, as follows:

 

(a) Includes among the required actions of a person who takes a child into custody that the person, without unnecessary delay and without first taking the child to any place other than a juvenile processing office designated under Section 52.025, except as provided by Subsection (c), 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 if school is in session  and the child is a student.

 

SECTION 2.  Amends Section 52.026(a), Family Code, to make a conforming change. 

 

SECTION 3.  Effective date: September 1, 2007.