HBA-SEB H.B. 1153 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1153
By: Puente
Juvenile Justice and Family Issues
3/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a judge may require an adult to submit to a period of
confinement for up to 30 days as a condition of probation.  H.B. 1153
authorizes a court to place a juvenile in a certified juvenile detention
facility for up to 30 days as a condition of probation.  It also authorizes
a court to place the child in a detention facility more than once during
the same period of probation as long as the total period of detention does
not exceed 30 days.   

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 IN COUNTY DETENTION FACILITY AS CONDITION OF
PROBATION.  (a)  Authorizes a court, as a condition of probation, to place
a child for not more than 30 days in a certified juvenile detention
facility operated by or under contract with the county in which the
disposition is made if the court or jury makes a disposition placing the
child on probation under Section 54.04(d)(1) (regarding the placement of a
child on probation).  Authorizes the court to place the child in a
detention facility at the time the court makes the disposition placing the
child on probation or at any time during the period of probation in order
to modify the disposition under Section 54.05 (Hearing to Modify
Disposition). 

(b)  Authorizes the court to place a child in a certified juvenile
detention facility as provided by Subsection (a) more than once during the
same period of probation.  Prohibits the total amount of time that the
child is placed in a detention facility from exceeding 30 days. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.