By: Dutton (Senate Sponsor - Janek) H.B. No. 776

(In the Senate - Received from the House April 10, 2007; April 11, 2007, read first time and referred to Committee on Jurisprudence; May 4, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 0; May 4, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 776 By: Wentworth

A BILL TO BE ENTITLED

AN ACT

relating to the delivery of a child taken into custody under the juvenile justice system to a school official.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.02(a), Family Code, is amended to read as follows:

(a) Except as provided by Subsection (c), a person taking a child into custody, without unnecessary delay and without first taking the child to any place other than a juvenile processing office designated under Section 52.025, shall do one of the following:

(1) release the child to a parent, guardian, custodian of the child, or other responsible adult upon that person's promise to bring the child before the juvenile court as requested by the court;

(2) bring the child before the office or official designated by the juvenile board if there is probable cause to believe that the child engaged in delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court;

(3) bring the child to a detention facility designated by the juvenile board;

(4) bring the child to a secure detention facility as provided by Section 51.12(j);

(5) bring the child to a medical facility if the child is believed to suffer from a serious physical condition or illness that requires prompt treatment; [or]

(6) dispose of the case under Section 52.03; or

(7) if school is in session and the child is a student, 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. Section 52.026(a), Family Code, is amended to read as follows:

(a) It shall be the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility or to the school campus to which the child is assigned as provided by Section 52.02(a)(7) if the child is not released to the parent, guardian, or custodian of the child.

SECTION 3. This Act takes effect September 1, 2007.

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