1 | 1 | | 89R3067 CJD-F |
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2 | 2 | | By: Cook S.B. No. 2757 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the duration of a child's detention following a |
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10 | 10 | | detention hearing and a study on the effects of detention orders in |
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11 | 11 | | a juvenile court proceeding. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 54.01(h), Family Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (h) A detention order extends to the conclusion of the |
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16 | 16 | | disposition hearing, if there is one, but in no event for more than |
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17 | 17 | | five [10] working days. Further detention orders may be made |
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18 | 18 | | following subsequent detention hearings. The initial detention |
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19 | 19 | | hearing may not be waived but subsequent detention hearings may be |
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20 | 20 | | waived in accordance with the requirements of Section 51.09. Each |
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21 | 21 | | subsequent detention order shall extend for no more than five [10] |
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22 | 22 | | working days, except that in a county that does not have a certified |
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23 | 23 | | juvenile detention facility, as described by Section 51.12(a)(3), |
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24 | 24 | | each subsequent detention order shall extend for no more than seven |
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25 | 25 | | [15] working days. |
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26 | 26 | | SECTION 2. (a) In this section, "department" means the |
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27 | 27 | | Texas Juvenile Justice Department. |
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28 | 28 | | (b) The department shall conduct a study on the effects of |
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29 | 29 | | detention orders in a juvenile court proceeding. |
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30 | 30 | | (c) In conducting the study described by Subsection (b) of |
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31 | 31 | | this section, the department shall, for each child detained in a |
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32 | 32 | | facility described by Section 51.12, Family Code, determine the: |
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33 | 33 | | (1) amount of time each child was detained in a |
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34 | 34 | | facility; and |
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35 | 35 | | (2) amount of time between each detention hearing. |
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36 | 36 | | (d) Not later than December 1, 2026, the department shall |
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37 | 37 | | prepare and submit to the governor, the lieutenant governor, the |
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38 | 38 | | speaker of the house of representatives, and each member of the |
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39 | 39 | | legislature a written report containing the results of the study |
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40 | 40 | | conducted under this section and any recommendations for |
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41 | 41 | | legislative or other action. The report must include the |
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42 | 42 | | information described by Subsection (c) of this section |
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43 | 43 | | disaggregated by: |
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44 | 44 | | (1) the county in which the child was detained; |
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45 | 45 | | (2) the conduct for which the child was detained; |
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46 | 46 | | (3) age; |
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47 | 47 | | (4) race; |
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48 | 48 | | (5) ethnicity; |
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49 | 49 | | (6) sex; and |
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50 | 50 | | (7) whether the child is the subject of a case with the |
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51 | 51 | | Department of Family and Protective Services. |
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52 | 52 | | (e) The department shall ensure that information collected |
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53 | 53 | | during the study does not personally identify any child. |
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54 | 54 | | (f) This section expires September 1, 2027. |
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55 | 55 | | SECTION 3. The change in law made by this Act to Section |
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56 | 56 | | 54.01, Family Code, applies only to a detention order, including a |
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57 | 57 | | subsequent detention order, entered by a court on or after the |
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58 | 58 | | effective date of this Act. |
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59 | 59 | | SECTION 4. This Act takes effect immediately if it receives |
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60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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63 | 63 | | Act takes effect September 1, 2025. |
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