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A BILL TO BE ENTITLED
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AN ACT
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relating to the detention of a child who is alleged to have engaged |
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in conduct violating a penal law of the grade of felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.02, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (g) to read |
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as follows: |
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(a) If a child is brought before the court or delivered to a |
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detention facility as authorized by Sections 51.12(a)(3) and (4), |
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the intake or other authorized officer of the court shall |
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immediately make an investigation and shall release the child |
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unless it appears that his detention is warranted under Subsection |
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(b). The release may be conditioned upon requirements reasonably |
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necessary to insure the child's appearance at later proceedings, |
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but the conditions of the release must be in writing and filed with |
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the office or official designated by the court and a copy furnished |
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to the child. As provided by Subsection (g), an intake or other |
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authorized officer of the court may not release a child who is |
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alleged to have engaged in conduct violating a penal law of the |
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grade of felony until a detention hearing is held as required by |
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Section 54.01. |
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(b) A child taken into custody may be detained prior to |
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hearing on the petition only if: |
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(1) the child is likely to abscond or be removed from |
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the jurisdiction of the court; |
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(2) suitable supervision, care, or protection for the |
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child is not being provided by a parent, guardian, custodian, or |
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other person; |
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(3) the child has no parent, guardian, custodian, or |
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other person able to return the child to the court when required; |
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(4) the child may be dangerous to himself or herself or |
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the child may threaten the safety of the public if released; |
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(5) the child has previously been found to be a |
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delinquent child or has previously been convicted of a penal |
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offense punishable by a term in jail or prison and is likely to |
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commit an offense if released; or |
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(6) the child's detention is required under Subsection |
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(f) or (g). |
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(g) A child who is alleged to have engaged in conduct |
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violating a penal law of the grade of felony shall be detained until |
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a detention hearing is held as required by Section 54.01. |
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SECTION 2. The change in law made by this Act applies only |
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to a child taken into custody on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2007. |