HBA-SEB H.B. 1269 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1269 By: Goodman Juvenile Justice and Family Issues 3/4/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, a court may detain a child taken into custody prior to a detention hearing in several instances, including if the child has no suitable supervision or has previously been found to be a delinquent child. The court is not authorized to detain the child if the child is alleged to have engaged in conduct involving a firearm. Because of an increase in juvenile crimes involving firearms, the detainment of the child until a detention hearing, which is required to be held within 48 hours of arrest, may benefit public safety. H.B. 1269 authorizes a court to detain a child for alleged conduct involving the use, possession, or exhibition of a firearm until a detention hearing is held. 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 53.02, Family Code, by amending Subsection (b) and adding Subsection (f), as follows: (b) Includes conduct that occurs under Subsection (f) as an occasion for which an appropriate officer of the court is authorized to detain a child taken into custody prior to hearing on a petition. Makes conforming and nonsubstantive changes. (f) Requires a child to be detained until a detention hearing is held as required by Section 54.01, Family Code (Detention Hearing), if the child is alleged to have engaged in conduct involving the use, possession, or exhibition of a firearm as defined by Section 46.01, Penal Code (Definitions). SECTION 2. Makes application of this Act prospective. Provides that conduct violating a penal law of this state occurs on or after the effective date of this Act if every element of the violation occurs on or after that date. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 SECTION 1. Amends Section 53.02(f), Family Code, to specify that if a county in which a child is taken into custody has available a certified juvenile detention facility or short-term detention facility that complies with the requirements of Section 51.12(i) (regarding place and conditions of detainment), the child is required to be detained until a detention hearing is held if the child is alleged to have engaged in conduct involving the use, possession, or exhibition of a firearm.