HBA-SEB H.B. 1736 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1736
By: Turner, Sylvester
Juvenile Justice and Family Issues
3/18/1999
Introduced

BACKGROUND AND PURPOSE 

Currently, the Department of Protective and Regulatory Services (DPRS) may
take possession of a child who is suspected of conduct that violates penal
law without notifying the child's parent, managing conservator, or
guardian.  Under Texas Law, children in custody must be taken before a
magistrate prior to police interrogation.  The magistrate explains the
child's rights and then, after questioning, the magistrate is supposed to
ensure that a child understands any document which they may be asked to
sign.   

In the case of Travis County v. LaCresha Murray, 11-year-old LaCresha
Murray was taken into custody by DPRS.  She was then interviewed by police
without the benefit of legal counsel or a guardian in the room.  She was
convicted of negligent homicide and intentional injury to a child. On a
motion for retrial, she was again tried and found guilty of injury to a
child.  She was sentenced to 25 years.  The case is currently under appeal.

H.B. 1736 authorizes DPRS to take possession of a child only if DPRS
fulfills specific requirements, including notifying the parent, managing
conservator, or guardian of DPRS's intent and obtaining demonstrable proof
that the parent, managing conservator, or guardian agrees to let DPRS take
possession of the child.   

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 Subchapter B, Chapter 262, Family Code, by adding
Section 262.1045, as follows: 

Sec. 262.1045.  CHILD SUSPECTED OF CONDUCT THAT VIOLATES PENAL LAW. (a)
Provides that this section applies only to a child taken into possession in
an emergency without a court order by the Department of Protective and
Regulatory Services (DPRS). 

(b)  Prohibits DPRS from requesting a law enforcement agency to take
possession of a child to whom this section applies unless:  DPRS has
notified the child's parent, managing conservator, or guardian that DPRS is
in possession of the child; DPRS suspects that the child has engaged in
behavior that violates a penal law of this state; DPRS intends to allow a
law enforcement agency to take possession of the child; the child's parent,
managing conservator, or guardian agrees to allow the law enforcement
agency to take possession of the child; and DPRS obtains the signature or
other demonstrable proof of the agreement of the parent, managing
conservator, or guardian. 

(c)  Provides that a statement of a child to whom this section applies is
admissible in evidence in a future proceeding concerning the matter about
which the statement is given only if the child and the child's attorney
waive the child's relevant rights in accordance with Section 51.09 (Waiver
of Rights).  Establishes that Section 51.095 (Admissibility of a Statement
of a Child) does not apply to a child to whom this section applies. 

SECTION 2.  Amends Section 51.095, Family Code, by adding Subsection (d),
as follows: 
 
(d)  Provides that this section does not apply to a child taken into
possession in an emergency without a court order by DPRS. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.Emergency clause.
  Effective date: upon passage.