HBA-PDH H.B. 53 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 53 By: Cuellar Juvenile Justice and Family Issues 2/26/1999 Introduced BACKGROUND AND PURPOSE Currently, a police officer is not authorized to search a juvenile for weapons if the juvenile is on parole or probation. H.B. 53 authorizes a juvenile probation officer, a parole officer, or a peace officer who is accompanied by a juvenile probation officer or parole officer to conduct a search of a person or property in the person's immediate possession without a warrant for possession of firearms if specific conditions are met. This bill also provides that the proper authority must prohibit the possession of a weapon by a juvenile, as a condition of probation or release, if the offense for which the juvenile was originally charged involved a firearm. 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 2, Code of Criminal Procedure, by adding Article 2.131, as follows: Art. 2.131. FIREARM SEARCH. Authorizes a search of a person or property in the person's immediate possession without a warrant for possession of firearms to be conducted by a juvenile probation officer, a parole officer, or a peace officer who is accompanied by a juvenile probation officer or a parole officer. Authorizes the officer to conduct the search if the officer knows the person's identity, knows that the person is on a specific probation, released under supervision, or parole, and knows that possession of a firearm is prohibited by the person's probation, release, or on parole. Provides that the officer conducting a search under this article is not required to have reasonable suspicion that the person possesses a firearm. SECTION 2. Amends Chapter 54, Family Code, by adding Section 54.048, as follows: Sec. 54.048. FIREARM PROHIBITION AS CONDITION OF PROBATION. Requires a court, as a condition of juvenile probation under Section 54.04(d) (Disposition Hearing), Family Code, to prohibit the possession of a firearm by a child on probation if the offense which violated the penal law for which the child was placed on probation involved a firearm. SECTION 3. Amends Subchapter F, Chapter 508, Government Code, by adding Section 508.192, as follows: Sec. 508.192. FIREARM PROHIBITION AS CONDITION OF PAROLE. Requires a parole panel, as a condition of release to the custody of the pardons and paroles division under Section 61.084 (f) or (g) (Termination of Control), Human Resources Code, to prohibit the possession of a firearm by a releasee if the offense which violated the penal law for which the releasee was transferred to the custody of the pardons and paroles division involved a firearm. SECTION 4. Amends Subchapter F, Chapter 61, Human Resources Code, by adding Section 61.085, as follows: Sec. 61.085. FIREARM PROHIBITION AS CONDITION OF RELEASE. Requires the Texas Youth Commission(commission), as a condition of release of a child from supervision under Section 61.081(a) (Release Under Supervision), Human Resources Code, to prohibit the possession of a firearm if the offense which violated the penal law for which the child was committed to the commission involved a firearm. SECTION 5. Makes application of this Act prospective. SECTION 6.Emergency clause. Effective date: upon passage.