Bill Text: TX HB1115 | 2019-2020 | 86th Legislature | Comm Sub

---

Bill Title: Relating to law enforcement agency policies regarding the placement of a child taken into possession by a peace officer during a person's arrest and placement information provided to the person.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB1115 Detail]

Download: Texas-2019-HB1115-Comm_Sub.html

---

86R15316 MCK-D
By: White H.B. No. 1115
Substitute the following for H.B. No. 1115:
By: Allen C.S.H.B. No. 1115

A BILL TO BE ENTITLED
AN ACT
relating to law enforcement agency policies regarding the placement
of a child taken into possession by a peace officer during a
person's arrest and placement information provided to the person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.274 to read as follows:
Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a)
In this article, "law enforcement agency" has the meaning assigned
by Article 2.1386.
(b) Each law enforcement agency shall adopt a written policy
regarding the safe placement of a child who is in the care, custody,
or control of a person at the time the person is arrested. The
policy must require that:
(1) the arresting peace officer attempt to locate an
adult authorized to be in possession of the child to whom the
officer may release the child;
(2) before releasing the child to an adult located
under Subdivision (1), the officer:
(A) search the relevant databases of the National
Crime Information Center system, including those pertaining to
protection orders, historical protection orders, warrants, sex
offender registries, and persons on supervised release to verify
that the adult:
(i) does not have an outstanding warrant;
(ii) does not have a protective order
issued against the adult;
(iii) is not registered as a sex offender
unless the person is the child's parent or guardian and there are no
restrictions regarding the person's contact with the child; and
(iv) has not previously been finally
convicted of any felony under Section 20A.03 or 21.02, Penal Code,
or listed in Article 42A.054(a); and
(B) verify that the adult is at least 18 years of
age; and
(3) the law enforcement agency periodically inform the
arrested person about the care and custody status of the person's
child.
(c) Each law enforcement agency shall enter into an
agreement with the Department of Family and Protective Services
that provides the procedures for the law enforcement agency to
release a child to the care of the department.
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.032 to read as follows:
Sec. 493.032. INFORMATION ABOUT CHILD OF INCARCERATED
PARENT. The department shall periodically inform a person who is
confined in a facility operated by or under contract with the
department and is the parent of a child for whom the Department of
Family and Protective Services has been named temporary managing
conservator of the care and custody status of the person's child.
SECTION 3. Subchapter C, Chapter 40, Human Resources Code,
is amended by adding Section 40.074 to read as follows:
Sec. 40.074. INFORMATION ABOUT CHILD OF INCARCERATED
PARENT. (a) The department shall periodically inform the law
enforcement agency that arrested a person who is the parent of a
child for whom the department has been named temporary managing
conservator of the care and custody status of the person's child.
(b) If the law enforcement agency described by Subsection
(a) notifies the department that the arrested person is confined in
a county jail, the department shall periodically inform the
sheriff's office of the county in which the person is confined of
the care and custody status of the person's child.
(c) If the law enforcement agency described by Subsection
(a) notifies the department that the arrested person is confined in
a facility operated by or under contract with the Texas Department
of Criminal Justice, the department shall periodically inform the
Texas Department of Criminal Justice of the care and custody status
of the person's child.
SECTION 4. Subchapter C, Chapter 351, Local Government
Code, is amended by adding Section 351.048 to read as follows:
Sec. 351.048. INFORMATION ABOUT CHILD OF INCARCERATED
PARENT. The sheriff of a county shall periodically inform a person
who is confined in the county jail and is the parent of a child for
whom the Department of Family and Protective Services has been
named temporary managing conservator of the care and custody status
of the person's child.
SECTION 5. Not later than June 1, 2020, each law enforcement
agency in this state shall adopt the policy and enter into the
agreement required by Article 2.274, Code of Criminal Procedure, as
added by this Act.
SECTION 6. This Act takes effect September 1, 2019.