HBA-SEB H.B. 1269 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1269 By: Goodman Juvenile Justice and Family Issues 6/28/1999 Enrolled BACKGROUND AND PURPOSE A court may detain a child taken into custody prior to a detention hearing in several instances, including if the child has no suitable supervision or has previously been found to be a delinquent child. Prior to the 76th Legislature, the court was not authorized to detain the child if the child is alleged to have engaged in conduct involving a firearm. H.B. 1269 authorizes a court to detain a child for alleged conduct involving the use, possession, or exhibition of a firearm until a detention hearing is held or until the child is released at the discretion of a judge of a juvenile court, a substitute judge, or a qualified referee. This bill also establishes that a child may be held in a county jail or other facility under specific circumstances. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 53.02, Family Code, by amending Subsection (b) and adding Subsection (f), as follows: (b) Includes conduct that occurs under Subsection (f) as an occasion for which an appropriate officer of the court is authorized to detain a child taken into custody prior to hearing on a petition. Makes conforming and nonsubstantive changes. (f) Requires a child to be detained until the child is released at the discretion of a judge of a juvenile court, a substitute judge, or a referee, including an oral direction by telephone, or until a detention hearing is held as required by Section 54.01, Family Code (Detention Hearing), if the child is alleged to have engaged in delinquent conduct and to have used, possessed, or exhibited a firearm in the commission of the offense. SECTION 2. Amends Sections 51.04(f) and (g), Family Code, as follows: (f) Authorizes any magistrate to make a determination under Section 53.02(f) if a judge of a juvenile court or any alternative judge is unavailable. Makes a conforming change. (g) Authorizes a juvenile board or juvenile court to appoint a referee to make determinations under Section 53.02(f). Requires a referee to comply with Section 54.10. Deletes text regarding this section and this code. Makes conforming and nonsubstantive changes. SECTION 3. Amends and reenacts Section 51.12, Family Code, as amended by Chapters 772 and 1374, Acts of the 75th Legislature, Regular Session, 1997, to authorize a child who is taken into custody and required to be detained under Section 53.02(f) to be detained in a county jail or other facility until the child is released or until a detention hearing is held, regardless of whether the facility complies with the requirements of this section, if certain requirements are met. Authorizes the child to be detained in a county jail or other facility if a certified juvenile detention facility or secure detention facility is not available in that county or an adjacent county, the facility has been designated by the county juvenile board, the child is separated by sight and sound from adults detained in the same facility, the child does not have any contact with management or direct care staff that has contact with adults detained in the same facility, the county is not located in a metropolitan statistical area, and each judge of the juvenile court and the members of the county juvenile board have personally inspected and certified the facility at least annually. Redesignates Subsections (i) and (j) to (j) and (k). Makes conforming changes. SECTION 4. Amends Section 54.01, Family Code, by amending Subsection (a) and adding Subsection (p), as follows: (a) Provides that Subsection (p) is an exception to this subsection, which requires a detention hearing without a jury to be held promptly if a child is not released under Section 53.02. Makes a nonsubstantive change. (p) Requires a detention hearing without a jury to be held promptly, but not later than the 24th hour of taking a child into custody, excluding weekends and holidays, if the child is detained in a county jail or other facility and the child is not released under Section 53.02(f). SECTION 5. Amends Section 54.10, Family Code, to authorize a referee to make a determination under Section 53.02(f) whether to release a child if the child has been informed that the child is entitled to have the determination made by a juvenile court judge or a substitute judge, or the child and the child's attorney have waived the right to have the determination made by the juvenile court judge or substitute judge. Requires a juvenile court judge or a substitute judge to make the determination if a child objects to a referee making the determination. Requires the referee to transmit written findings and recommendations to the juvenile court judge at the conclusion of the hearing or immediately after making the determination. Redesignates Subsection (c) to (e). Makes conforming and nonsubstantive changes. SECTION 6. Makes application of this Act prospective. Provides that conduct violating a penal law of this state occurs on or after the effective date of this Act if every element of the violation occurs on or after that date. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause.