HBA-SEB S.B. 283 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 283 By: West Juvenile Justice and Family Issues 4/7/1999 Engrossed BACKGROUND AND PURPOSE Currently, law enforcement officers may dispose of a juvenile case without having a juvenile court adjudicate the matter. According to a 1997 survey by the Office of Court Administration, over half of Texas counties, usually the least populated areas, do not emphasize an informal disposition of juvenile cases such as through deferred prosecution, First Program, Neighborhood/County Committees, Teen Court, and early intervention programs. S.B. 283 requires the juvenile board of a county to develop informal guidelines for the disposition of juvenile cases. 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 52.03(a), Family Code, to provide that one of the conditions of a law enforcement officer's authorization to dispose of a case of a child taken into custody without referral to juvenile court is if guidelines for such dispositions have been adopted by the juvenile board of the county in which the disposition is made as required by Section 52.032. Redesignates Subdivisions (3)-(4) to (2)-(3). Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 52.031(c), Family Code, to make conforming changes with respect to the disposition of a child under the first offender program. SECTION 3. Amends Chapter 52, Family Code, by adding Section 52.032, as follows: Sec. 52.032. INFORMAL DISPOSITION GUIDELINES. Requires the juvenile board of each county to adopt guidelines for the disposition of a child under Section 52.03 (Disposition Without Referral to Court) or 52.031 (First Offender Program) in cooperation with each law enforcement agency in the county. Prohibits the guidelines from being considered mandatory. SECTION 4. Requires the juvenile board of each county to adopt the guidelines required by Section 52.032, Family Code, as added by this Act, not later than January 1, 2000. SECTION 5. Makes application of this Act prospective to conduct that occurs on or after January 1, 2000. Establishes that conduct violating a penal law of this state occurs on or after January 1, 2000, if every element of the violation occurs on or after that date. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.