HBA-SEB H.B. 3227 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3227 By: Capelo Juvenile Justice and Family Issues 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, if a minor is charged with possession of alcohol, some jurisdictions serve the minor with a citation containing a time and place to appear before a court while other jurisdictions confine the minor in a secure detention facility until either a hearing is held or the child is released to a parent or guardian. The law does not make a specific requirement as to which method to use in such a case. H.B. 3227 requires a peace officer to issue a citation to a minor charged with possession of alcohol, specifies the information to be contained in the citation, and prohibits the arresting officer from taking the minor before a magistrate. 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 Article 14.06, Code of Criminal Procedure, by amending subsection (a) and adding Subsection (c), as follows: (a) Provides that Subsection (c) is an exception to this Subsection, which requires a person making an arrest to take the arrested person before the appropriate magistrate. Makes a conforming change. (c) Prohibits a peace officer from taking a person before a magistrate if the officer is charging the person with an offense under Section 106.05, Alcoholic Beverage Code (Possession of Alcohol by a Minor). Requires the officer to issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.