84R8810 ADM-F

By: Huberty H.B. No. 2793

A BILL TO BE ENTITLED

AN ACT

relating to detention of juveniles accused only of running away from home.

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

SECTION 1. Section 51.12, Family Code, is amended by adding Subsection (j-2) to read as follows:

(j-2) Notwithstanding any other provision of law, a child who is accused only of conduct indicating a need for supervision under Section 51.03(b)(3) may not be detained in a secure detention facility for any period of time.

SECTION 2. Section 52.02, Family Code, is amended by amending Subsection (a) and adding Subsection (a-1) 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, unless the child is accused only of conduct indicating a need for supervision under Section 51.03(b)(3);

(4) bring the child to a secure detention facility as provided by Section 51.12(j), unless the child is accused only of conduct indicating a need for supervision under Section 51.03(b)(3);

(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;

(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; or

(8) if the child is accused only of conduct indicating a need for supervision under Section 51.03(b)(3):

(A) bring the child to a place of nonsecure custody in compliance with Articles 45.058(c), (d), and (e), Code of Criminal Procedure; or

(B) if a juvenile processing office or place of nonsecure custody is not available, bring the child to a nonsecure correctional facility that meets the conditions of Sections 51.12(j-1)(1), (3), and (4).

(a-1) A child brought to a place of nonsecure custody under Subsection (a)(8)(A) may remain at that location for not more than six hours. At the conclusion of that period, the child must be released under Subsection (a)(1) or brought to a nonsecure correctional facility described by Subsection (a)(8)(B).

SECTION 3. Section 54.011, Family Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), the [The] detention hearing for a status offender or nonoffender who has not been released administratively under Section 53.02 shall be held before the 24th hour after the time the child arrived at a detention facility, excluding hours of a weekend or a holiday. Except as otherwise provided by this section, the judge or referee conducting the detention hearing shall release the status offender or nonoffender from secure detention.

(a-1) If a child is accused only of conduct indicating a need for supervision under Section 51.03(b)(3), the child may not be detained at a place of detention for longer than 24 hours after the time the child arrived at the place of detention. If the child is not released before the sixth hour after the time the child was taken into custody, the child shall be transferred to a nonsecure correctional facility. If the child is not released from detention before the 24th hour after the time the child was taken into custody, the child is entitled to a detention hearing that must be held as soon as practicable. Except as otherwise provided by this section, the judge or referee conducting the detention hearing shall release the child from detention.

SECTION 4. This Act applies only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is governed by the law in effect at the time the conduct occurred, and the former law is continued in effect for that purpose. For the purposes of this section, conduct occurs before the effective date of this Act if any element of the conduct occurred before that date.

SECTION 5. This Act takes effect September 1, 2015.