HBA-SEB H.B. 3227 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3227
By: Capelo
Juvenile Justice and Family Issues
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, if a minor is charged with possession of alcohol, some
jurisdictions serve the minor with a citation containing a time and place
to appear before a court while other jurisdictions confine the minor in a
secure detention facility until either a hearing is held or the child is
released to a parent or guardian.  The law does not make a specific
requirement as to which method to use in such a case. H.B. 3227 requires a
peace officer to issue a citation to a minor charged with possession of
alcohol, specifies the information to be contained in the citation, and
prohibits the arresting officer from taking the minor before a magistrate.

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 Article 14.06, Code of Criminal Procedure, by amending
subsection (a) and adding Subsection (c), as follows: 

(a)  Provides that Subsection (c) is an exception to this Subsection, which
requires a person making an arrest to take the arrested person before the
appropriate magistrate.  Makes a conforming change. 

(c)  Prohibits a peace officer from taking a person before a magistrate if
the officer is charging the person with an offense under Section 106.05,
Alcoholic Beverage Code (Possession of Alcohol by a Minor).  Requires the
officer to issue a citation to the person that contains written notice of
the time and place the person must appear before a magistrate, the name and
address of the person charged, and the offense charged.   

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.