HBA-SEB H.B. 2671 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2671
By: Turner, Sylvester
Juvenile Justice and Family Issues
7/14/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the Department of Protective and
Regulatory Services (DPRS) was authorized to take possession of a child
suspected of conduct violating 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 the child 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. 2671 provides that a statement of a child is admissible if the
statement is made in writing while the child is in a detention facility or
other place of confinement, while the child is in custody of an officer, or
during or after the questioning of the child by an officer.  This bill also
provides that the child must be in the possession of DPRS and be suspected
to have engaged in behavior that violates a penal law of this state. 

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 51.095, Family Code, by amending Subsections (a)
and (b) and adding Subsection (d), as follows: 

(a)  Provides that a statement of a child is admissible as evidence in any
future proceeding concerning the matter about which the statement was given
if the statement is made in writing under a circumstance described by
Subsection (d), rather than when the child is in a detention facility or
other place of confinement or in the custody of an officer.  This
subsection applies notwithstanding Section 51.09 (Waiver of Rights) and is
subject to other existing conditions.  Makes conforming and nonsubstantive
changes. 

(b)  Makes conforming changes.

(d)  Provides that Subsections (a)(1) and (a)(5) apply to the statement of
a child made while the child is in a detention facility or other place of
confinement, while the child is in custody of an officer, or during or
after the interrogation of the child by an officer if the child is in the
possession of the Department of Protective and Regulatory Services and is
suspected to have engaged in behavior that violates a penal law of this
state.  

SECTION 2.  Provides that the change in law made by SECTION 1 of this Act
applies only to the admissibility of a statement made on or after the
effective date of this Act regardless of when the child was taken into
custody.   
 
SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.