Bill Text: TX SB334 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to law enforcement agency policies regarding the placement of a child taken into possession by a peace officer during the arrest of a person.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-02-07 - Referred to Criminal Justice [SB334 Detail]
Download: Texas-2019-SB334-Introduced.html
| 86R3068 MM-D | ||
| By: West | S.B. No. 334 | |
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| relating to law enforcement agency policies regarding the placement | ||
| of a child taken into possession by a peace officer during the | ||
| arrest of a 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 a | ||
| competent adult identified by the arrested person 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 person to whom the child is being released: | ||
| (i) does not have an outstanding warrant; | ||
| (ii) does not have a protective order | ||
| issued against the person; | ||
| (iii) is not registered as a sex offender; | ||
| 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); | ||
| (B) contact the Department of Family and | ||
| Protective Services to search the central registry of reported | ||
| cases of child abuse or neglect established under Section 261.002, | ||
| Family Code, to verify that the person to whom the child is being | ||
| released is not listed in the registry as a person who abused or | ||
| neglected a child; | ||
| (C) verify that the person to whom the child is | ||
| being released is at least 18 years of age; and | ||
| (D) complete a form prescribed by the Department | ||
| of Family and Protective Services that contains information about | ||
| the child's placement, including: | ||
| (i) identifying information about the | ||
| child, including the child's name and pseudonyms; and | ||
| (ii) the name and address of the person to | ||
| whom the child is being released; and | ||
| (3) if after a reasonable period of time the officer | ||
| does not locate a competent adult, the officer release the child to | ||
| a representative of the victim services division or other similar | ||
| division within the law enforcement agency to arrange the release | ||
| of the child to the Department of Family and Protective Services. | ||
| (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. 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 3. This Act takes effect September 1, 2019. | ||
