Bill Text: TX HB3942 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the protection of certain children through the operation of the child safety check alert list and training for law enforcement officers relating to the child safety check alert list.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-03 - Referred to Homeland Security & Public Safety [HB3942 Detail]

Download: Texas-2017-HB3942-Introduced.html
  85R13020 MCK-F
 
  By: Rose H.B. No. 3942
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the protection of certain children through the
  operation of the child safety check alert list and training for law
  enforcement officers relating to the child safety check alert list.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.272, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.272.  LAW ENFORCEMENT OFFICER RESPONSE TO CHILD
  SAFETY CHECK ALERT. (a) If a law enforcement [peace] officer
  locates a child or other person listed on the Texas Crime
  Information Center's child safety check alert list established
  under Section 261.3022, Family Code, the officer shall:
               (1)  immediately contact the Department of Family and
  Protective Services on the department's dedicated law-enforcement
  telephone number for statewide intake;
               (2)  request information from the department regarding
  the circumstances of the case involving the child or other person;
  and
               (3)  request information from the child and the other
  person regarding the child's safety, well-being, and current
  residence.
         (b)  The law enforcement [peace] officer may temporarily
  detain the child or other person to ensure the safety and well-being
  of the child.
         (c)  If the law enforcement [peace] officer determines that
  the circumstances described by Section 262.104, Family Code, exist,
  the officer may take temporary possession of the child without a
  court order as provided by Section 262.104, Family Code. If the law
  enforcement [peace] officer does not take temporary possession of
  the child, the officer shall obtain the child's current address and
  any other relevant information and report that information to the
  Department of Family and Protective Services.
         (d)  A law enforcement [peace] officer who locates a child or
  other person listed on the Texas Crime Information Center's child
  safety check alert list and who reports the child's or other
  person's current address and other relevant information to the
  Department of Family and Protective Services shall report to the
  Texas Crime Information Center that the child or other person has
  been located and to whom the child was released, as applicable.
         (e)  In this article, "law enforcement officer" means a peace
  officer described by Article 2.12, a probation officer, a parole
  officer, a correctional officer, or a jailer.
         SECTION 2.  Section 261.3023, Family Code, as amended by
  Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted and amended to
  read as follows:
         Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
  CHECK ALERT. If a law enforcement officer, as that term is defined
  in Article 2.272, Code of Criminal Procedure, encounters a child or
  other person[, including a child,] listed on the Texas Crime
  Information Center's child safety check alert list, the law
  enforcement officer shall follow the procedures described by
  Article 2.272, Code of Criminal Procedure.
         SECTION 3.  Section 261.3024(a), Family Code, as amended by
  Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted to read as
  follows:
         (a)  A law enforcement officer who locates a child listed on
  the Texas Crime Information Center's child safety check alert list
  shall report that the child has been located in the manner
  prescribed by Article 2.272, Code of Criminal Procedure.
         SECTION 4.  Section 1701.352, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (j) to read as
  follows:
         (b)  The commission shall require a state, county, special
  district, or municipal agency that appoints or employs peace
  officers to provide each peace officer with a training program at
  least once every 48 months that is approved by the commission and
  consists of:
               (1)  topics selected by the agency; and
               (2)  for an officer holding only a basic proficiency
  certificate, not more than 20 hours of education and training that
  contain curricula incorporating the learning objectives developed
  by the commission regarding:
                     (A)  civil rights, racial sensitivity, and
  cultural diversity;
                     (B)  de-escalation and crisis intervention
  techniques to facilitate interaction with persons with mental
  impairments; [and]
                     (C)  unless determined by the agency head to be
  inconsistent with the officer's assigned duties:
                           (i)  the recognition and documentation of
  cases that involve child abuse or neglect, family violence, and
  sexual assault; and
                           (ii)  issues concerning sex offender
  characteristics; and
                     (D)  appropriate use of and response to persons on
  the child safety check alert list required by Section 261.3022,
  Family Code.
         (j)  The commission shall collaborate with the Department of
  Public Safety on the development of training materials for the
  training required in Subsection (b)(2)(D).
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  This Act takes effect September 1, 2017.
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