HBA-GUM C.S.H.B. 2869 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2869 By: Capelo Juvenile Justice & Family Issues 5/3/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Facilitating the apprehension and prosecution of people who provide handguns to juveniles may reduce the number of handguns in the hands of juveniles. C.S.H.B. 2869 requires the juvenile, as a condition of probation, to notify the juvenile's supervising juvenile probation officer of the manner in which the juvenile acquired the handgun. Furthermore, this substitute requires the probation officer to notify the appropriate local law enforcement agency upon receiving the information from the child. C.S.H.B. 2869 also prohibits use of the information as evidence against the child in a juvenile or criminal proceeding. 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 Chapter 54, Family Code, by adding Section 54.0406, as follows: Sec. 54.0406. CHILD PLACED ON PROBATION FOR CONDUCT INVOLVING A HANDGUN. Requires a court, as a condition for probation, to require a child placed on probation under Section 54.04(d) (relating to juvenile probation), and found responsible for a handgun involved as an element of the offense, to inform the probation officer of the manner in which the handgun was obtained within 30 days from the date the child is placed on probation. Requires the probation officer to notify the appropriate local law enforcement agency upon receiving the information from the child. Prohibits information provided by a child to a juvenile probation officer as required by this section or any information derived from that information from being used as evidence against the child in a juvenile or criminal proceeding. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies SECTION 1 of the original by adding Subsection (c) to proposed Section 54.0406 (Child Placed on Probation for Conduct Involving a Handgun) to prohibit information provided by a child to a juvenile probation officer as required by this section or any information derived from that information from being used as evidence against the child in a juvenile or criminal proceeding.