HBA-SEB H.B. 2671 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2671 By: Turner, Sylvester Juvenile Justice and Family Issues 4/7/1999 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. 2671 authorizes DPRS to take possession of a child only if DPRS fulfills specific requirements, including notifying the parent, managing conservator, or guardian of the intent of DPRS to possess the child 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 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 this section (Admissibility of a Statement of a Child) applies 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 questioning of the child by an officer if the child is in the possession of the Department of Protective and Regulatory Services (DPRS). SECTION 2. 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. Provides that this section applies only to a child who is taken into possession in an emergency without a court order by DPRS. Prohibits DPRS from requesting a law enforcement agency to take possession of a child unless DPRS has notified the child's parent, managing conservator, or guardian that DPRS is in possession of the child, suspects that the child has engaged in behavior that violates a penal law of this state, and intends to allow a law enforcement agency to take possession of the child. Prohibits DPRS from requesting a law enforcement agency to take possession of a child unless the parent, managing conservator, or guardian agrees to the possession and DPRS obtains the signature or other demonstrable proof of the agreement. SECTION 3. (a) 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. (b) Makes application of SECTION 2 prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.