HB2590112th GA (Historical)Introduced

Amends TCA Title 37 and Title 39.

Under present law, a law enforcement officer who has taken a child into custody for the commission of an offense that would be considered a misdemeanor if committed by an adult may, in that officer's professional discretion, issue a citation in lieu of continued custody of the child. In issuing a citation in such situations, the officer must:<br /> <br /> (1) Prepare a written citation, which must include the name and address of the cited child, the offense charged, and the time and place of appearance;<br /> <br /> (2) Have the child sign the original and duplicate copy of the citation. The officer must deliver one copy to the child and retain the other; and<br /> <br /> (3) Release the cited child from custody.<br /> <br /> This bill adds that in the above circumstances the officer must also make efforts to contact a parent, guardian, or legal custodian of the child if the officer deems it to be appropriate.<br /> <br /> Present law sets out in detail the orders of disposition that a court may make when a child is found to be a delinquent child. Included in such dispositions is commitment to the department of children's services, but such commitment may only be ordered if certain conditions exist, such as the fact that the current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult. <br /> <br /> This bill adds that a child adjudicated delinquent may also be committed to the department's custody if the current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult, and the child has previously been adjudicated delinquent for an offense that would constitute a felony if committed by an adult.<br />

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Overview

Under present law, a law enforcement officer who has taken a child into custody for the commission of an offense that would be considered a misdemeanor if committed by an adult may, in that officer's professional discretion, issue a citation in lieu of continued custody of the child. In issuing a citation in such situations, the officer must:<br /> <br /> (1) Prepare a written citation, which must include the name and address of the cited child, the offense charged, and the time and place of appearance;<br /> <br /> (2) Have the child sign the original and duplicate copy of the citation. The officer must deliver one copy to the child and retain the other; and<br /> <br /> (3) Release the cited child from custody.<br /> <br /> This bill adds that in the above circumstances the officer must also make efforts to contact a parent, guardian, or legal custodian of the child if the officer deems it to be appropriate.<br /> <br /> Present law sets out in detail the orders of disposition that a court may make when a child is found to be a delinquent child. Included in such dispositions is commitment to the department of children's services, but such commitment may only be ordered if certain conditions exist, such as the fact that the current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult. <br /> <br /> This bill adds that a child adjudicated delinquent may also be committed to the department's custody if the current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult, and the child has previously been adjudicated delinquent for an offense that would constitute a felony if committed by an adult.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
260511500763

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HB2590: Amends TCA Title 37 and Title 39. | LegisGo