Bill Text: TX HB2374 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the taking of children into custody by certain law enforcement officers.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2011-05-09 - Referred to Criminal Justice [HB2374 Detail]
Download: Texas-2011-HB2374-Engrossed.html
| By: Gallego | H.B. No. 2374 | |
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| relating to the taking of children into custody by certain law | ||
| enforcement officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 52, Family Code, is amended by adding | ||
| Section 52.024 to read as follows: | ||
| Sec. 52.024. EXTRAJURISDICTIONAL APPREHENSION OF CHILD. A | ||
| child who is lawfully taken into custody by a federal law | ||
| enforcement officer in this state, or by a law enforcement officer | ||
| of another state in that state: | ||
| (1) may be detained, interviewed, and otherwise | ||
| processed under, as applicable, federal law or the laws of the other | ||
| state; and | ||
| (2) is not considered to be in custody for the purposes | ||
| of this section or chapter until the child has been released to a | ||
| person or brought to a person or facility in the manner required by | ||
| Section 52.02. | ||
| SECTION 2. Section 52.02(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) Except as provided by Subsection (c) and Article 14.07, | ||
| Code of Criminal Procedure, 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; | ||
| (4) bring the child to a secure detention facility as | ||
| provided by Section 51.12(j); | ||
| (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. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a child taken into custody on or after the effective date of this | ||
| Act. A child taken into custody before the effective date of this | ||
| Act is governed by the law in effect on the date that the child was | ||
| taken into custody, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
