HBA-JRA C.S.H.B. 2289 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2289 By: Isett Juvenile Justice and Family Issues 5/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, municipalities and counties are allowed to adopt a curfew during school hours. The purpose of the curfew is to deter juvenile crimes, but a Justice Policy Institute study released in 1998 found that no category of crime significantly declined when youth curfews were imposed and that there was racial bias in the curfew enforcement. Daytime curfews may also duplicate state truancy laws. C.S.H.B. 2289 requires a peace officer charging a juvenile with violation of a restriction under Sections 341.905 (Juvenile Curfew in General-Law Municipality), 341.906 (Juvenile Curfew During School Hours in Home-Rule Municipality), or 351.903 (Authority of Home-Rule Municipality to Police Municipally Owned Property Outside Municipality), Local Government Code, to issue a citation to the juvenile rather than take the juvenile into custody. 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 341.905, Local Government Code, by amending Subsection (d) and adding Subsection (e), as follows: (d) Requires a peace officer charging a juvenile with a violation of a restriction or prohibition imposed during school hours by an ordinance under this section (Juvenile Curfew in General-Law Municipality) to issue a citation to the juvenile that contains written notice of the time and place the juvenile must appear before the magistrate, the name and address of the juvenile charged, and the offense charged, instead of taking the juvenile into custody. (e) Provides that a restriction or prohibition imposed during school hours on a juvenile by an ordinance under this section does not apply to a private school student. SECTION 2. Amends Subchapter Z, Chapter 341, Local Government Code, by adding Section 341.906, as follows: Sec. 341.906. JUVENILE CURFEW DURING SCHOOL HOURS IN HOME-RULE MUNICIPALITY. Makes this section applicable only to a home-rule municipality that by ordinance adopts a curfew to regulate the movements or actions of persons under 17 years of age during school hours. Requires a peace officer charging a juvenile with a violation of a restriction or prohibition imposed during school hours by such an ordinance to issue a citation to the juvenile that contains written notice of the time and place the juvenile must appear before the magistrate, the name and address of the juvenile charged, and the offense charged, instead of taking the juvenile into custody. Provides that a restriction or prohibition imposed during school hours on a juvenile by such an ordinance does not apply to a private school student. SECTION 3. Amends Section 351.903, Local Government Code, by amending Subsection (d) and adding Subsection (e), as follows: (d) Requires a peace officer charging a juvenile with a violation of a restriction or prohibition imposed during school hours by an ordinance under this section (Authority of Home-Rule Municipality to Police Municipally Owned Property Outside Municipality) to issue a citation to the juvenile that contains written notice of the time and place the juvenile must appear before the magistrate, the name and address of the juvenile charged, and the offense charged, instead of taking the juvenile into custody. (e) Provides that a restriction or prohibition imposed during school hours on a juvenile by an ordinance under this section does not apply to a private school student. SECTION 4. Makes application of this Act prospective. SECTION 5.Emergency clause. Effective date: 90 days after adjournment. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in the caption to make a conforming change. The substitute modifies the original by deleting SECTION 1 of the original which would have amended Subchapter Z, Chapter 341, Local Government Code, by adding Section 341.906, to prohibit the governing body of a home-rule municipality from adopting a curfew to regulate the movements or actions of persons under 17 years of age during school hours. The substitute deletes SECTION 2 of the original which would have amended Section 351.903(a), Local Government Code, to make a conforming change. The substitute adds new SECTIONS 1-3 to require a peace officer charging a juvenile with violation of a restriction under Sections 341.905 (Juvenile Curfew in General-Law Municipality), 341.906 (Juvenile Curfew During School Hours in Home-Rule Municipality), or 351.903 (Authority of Home-Rule Municipality to Police Municipally Owned Property Outside Municipality), Local Government Code, to issue a citation to the juvenile rather than take the juvenile into custody. The substitute also provides that these restrictions do not apply to a private school student. The substitute adds new SECTION 4 to make application of this Act prospective. The substitute redesignates SECTION 3 (emergency clause) of the original to SECTION 5.