84R8810 ADM-F
By: Huberty H.B. No. 2793
A BILL TO BE ENTITLED
AN ACT
relating to detention of juveniles accused only of running away
from home.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.12, Family Code, is amended by adding
Subsection (j-2) to read as follows:
(j-2) Notwithstanding any other provision of law, a child
who is accused only of conduct indicating a need for supervision
under Section 51.03(b)(3) may not be detained in a secure detention
facility for any period of time.
SECTION 2. Section 52.02, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (c), a person taking a
child into custody, without unnecessary delay and without first
taking the child to any place other than a juvenile processing
office designated under Section 52.025, shall do one of the
following:
(1) release the child to a parent, guardian, custodian
of the child, or other responsible adult upon that person's promise
to bring the child before the juvenile court as requested by the
court;
(2) bring the child before the office or official
designated by the juvenile board if there is probable cause to
believe that the child engaged in delinquent conduct, conduct
indicating a need for supervision, or conduct that violates a
condition of probation imposed by the juvenile court;
(3) bring the child to a detention facility designated
by the juvenile board, unless the child is accused only of conduct
indicating a need for supervision under Section 51.03(b)(3);
(4) bring the child to a secure detention facility as
provided by Section 51.12(j), unless the child is accused only of
conduct indicating a need for supervision under Section
51.03(b)(3);
(5) bring the child to a medical facility if the child
is believed to suffer from a serious physical condition or illness
that requires prompt treatment;
(6) dispose of the case under Section 52.03; [or]
(7) if school is in session and the child is a student,
bring the child to the school campus to which the child is assigned
if the principal, the principal's designee, or a peace officer
assigned to the campus agrees to assume responsibility for the
child for the remainder of the school day; or
(8) if the child is accused only of conduct indicating
a need for supervision under Section 51.03(b)(3):
(A) bring the child to a place of nonsecure
custody in compliance with Articles 45.058(c), (d), and (e), Code
of Criminal Procedure; or
(B) if a juvenile processing office or place of
nonsecure custody is not available, bring the child to a nonsecure
correctional facility that meets the conditions of Sections
51.12(j-1)(1), (3), and (4).
(a-1) A child brought to a place of nonsecure custody under
Subsection (a)(8)(A) may remain at that location for not more than
six hours. At the conclusion of that period, the child must be
released under Subsection (a)(1) or brought to a nonsecure
correctional facility described by Subsection (a)(8)(B).
SECTION 3. Section 54.011, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), the [The]
detention hearing for a status offender or nonoffender who has not
been released administratively under Section 53.02 shall be held
before the 24th hour after the time the child arrived at a detention
facility, excluding hours of a weekend or a holiday. Except as
otherwise provided by this section, the judge or referee conducting
the detention hearing shall release the status offender or
nonoffender from secure detention.
(a-1) If a child is accused only of conduct indicating a
need for supervision under Section 51.03(b)(3), the child may not
be detained at a place of detention for longer than 24 hours after
the time the child arrived at the place of detention. If the child
is not released before the sixth hour after the time the child was
taken into custody, the child shall be transferred to a nonsecure
correctional facility. If the child is not released from detention
before the 24th hour after the time the child was taken into
custody, the child is entitled to a detention hearing that must be
held as soon as practicable. Except as otherwise provided by this
section, the judge or referee conducting the detention hearing
shall release the child from detention.
SECTION 4. This Act applies only to conduct that occurs on
or after the effective date of this Act. Conduct that occurs before
the effective date of this Act is governed by the law in effect at
the time the conduct occurred, and the former law is continued in
effect for that purpose. For the purposes of this section, conduct
occurs before the effective date of this Act if any element of the
conduct occurred before that date.
SECTION 5. This Act takes effect September 1, 2015.