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A BILL TO BE ENTITLED
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AN ACT
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relating to detention of juveniles accused only of running away |
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from home. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.12, Family Code, is amended by adding |
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Subsection (j-2) to read as follows: |
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(j-2) Notwithstanding any other provision of law, a child |
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who is accused only of conduct indicating a need for supervision |
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under Section 51.03(b)(3) may not be detained in a secure detention |
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facility for any period of time. |
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SECTION 2. Section 52.02, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (c), a person taking a |
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child into custody, without unnecessary delay and without first |
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taking the child to any place other than a juvenile processing |
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office designated under Section 52.025, shall do one of the |
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following: |
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(1) release the child to a parent, guardian, custodian |
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of the child, or other responsible adult upon that person's promise |
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to bring the child before the juvenile court as requested by the |
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court; |
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(2) bring the child before the office or official |
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designated by the juvenile board if there is probable cause to |
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believe that the child engaged in delinquent conduct, conduct |
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indicating a need for supervision, or conduct that violates a |
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condition of probation imposed by the juvenile court; |
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(3) bring the child to a detention facility designated |
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by the juvenile board, unless the child is accused only of conduct |
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indicating a need for supervision under Section 51.03(b)(3); |
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(4) bring the child to a secure detention facility as |
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provided by Section 51.12(j), unless the child is accused only of |
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conduct indicating a need for supervision under Section |
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51.03(b)(3); |
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(5) bring the child to a medical facility if the child |
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is believed to suffer from a serious physical condition or illness |
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that requires prompt treatment; |
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(6) dispose of the case under Section 52.03; [or] |
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(7) if school is in session and the child is a student, |
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bring the child to the school campus to which the child is assigned |
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if the principal, the principal's designee, or a peace officer |
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assigned to the campus agrees to assume responsibility for the |
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child for the remainder of the school day; or |
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(8) if the child is accused only of conduct indicating |
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a need for supervision under Section 51.03(b)(3): |
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(A) bring the child to a place of nonsecure |
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custody in compliance with Articles 45.058(c), (d), and (e), Code |
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of Criminal Procedure; or |
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(B) if a juvenile processing office or place of |
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nonsecure custody is not available, bring the child to a nonsecure |
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correctional facility that meets the conditions of Sections |
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51.12(j-1)(1), (3), and (4). |
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(a-1) A child brought to a place of nonsecure custody under |
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Subsection (a)(8)(A) may remain at that location for not more than |
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six hours. At the conclusion of that period, the child must be |
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released under Subsection (a)(1) or brought to a nonsecure |
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correctional facility described by Subsection (a)(8)(B). |
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SECTION 3. Section 54.011, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), the [The] |
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detention hearing for a status offender or nonoffender who has not |
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been released administratively under Section 53.02 shall be held |
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before the 24th hour after the time the child arrived at a detention |
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facility, excluding hours of a weekend or a holiday. Except as |
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otherwise provided by this section, the judge or referee conducting |
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the detention hearing shall release the status offender or |
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nonoffender from secure detention. |
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(a-1) If a child is accused only of conduct indicating a |
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need for supervision under Section 51.03(b)(3), the child may not |
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be detained at a place of detention for longer than 24 hours after |
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the time the child arrived at the place of detention. If the child |
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is not released before the sixth hour after the time the child was |
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taken into custody, the child shall be transferred to a nonsecure |
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correctional facility. If the child is not released from detention |
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before the 24th hour after the time the child was taken into |
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custody, the child is entitled to a detention hearing that must be |
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held as soon as practicable. Except as otherwise provided by this |
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section, the judge or referee conducting the detention hearing |
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shall release the child from detention. |
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SECTION 4. This Act applies only to conduct that occurs on |
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or after the effective date of this Act. Conduct that occurs before |
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the effective date of this Act is governed by the law in effect at |
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the time the conduct occurred, and the former law is continued in |
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effect for that purpose. For the purposes of this section, conduct |
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occurs before the effective date of this Act if any element of the |
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conduct occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |