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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring parental consent for peace officer interviews |
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of certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.36 to read as follows: |
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Art. 2.36. PARENTAL CONSENT REQUIRED FOR PEACE OFFICER |
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INTERVIEW OF CHILD. (a) A peace officer may not conduct an |
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interview with or otherwise question a child who is younger than 12 |
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years of age for any purpose unless the peace officer has first |
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obtained the consent of the child's parent or legal guardian. |
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(b) Notwithstanding Section 51.095, Family Code, a |
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statement obtained in violation of this article is not admissible |
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as evidence in any proceeding concerning the matter about which the |
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statement was given. |
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SECTION 2. The change in law made by this Act applies only |
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to an interview or other questioning that occurs on or after the |
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effective date of this Act. An interview or other questioning that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the interview or other questioning occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |