By Munoz H.B. No. 77
74R329 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possession and delivery of a child in the company of a
1-3 person arrested for certain offenses relating to child custody.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 17, Family Code, is amended by adding
1-6 Section 17.032 to read as follows:
1-7 Sec. 17.032. POSSESSION AND DELIVERY OF CHILD TAKEN OR
1-8 RETAINED BY PERSON ARRESTED FOR OFFENSE REGARDING CHILD CUSTODY.
1-9 (a) On the arrest of a person for an offense under Section 25.03
1-10 or 25.031, Penal Code, a law enforcement officer may:
1-11 (1) take possession of a child who has been taken or
1-12 retained as an element of the offense and who is found in the
1-13 company of the person arrested; and
1-14 (2) deliver the child to a parent or other person
1-15 entitled to possession of the child.
1-16 (b) A law enforcement officer who takes possession of a
1-17 child and delivers the child to a person entitled to possession
1-18 under this section is immune from civil liability if, at the time
1-19 the possession and delivery occurs, the officer reasonably believes
1-20 that:
1-21 (1) the child has been taken or retained in violation
1-22 of Section 25.03 or 25.031, Penal Code; and
1-23 (2) the person to whom the child is delivered is
1-24 entitled to possession of the child.
2-1 SECTION 2. Section 17.01, Family Code, is amended to read as
2-2 follows:
2-3 Sec. 17.01. Governmental Entity May Bring Suit. A suit
2-4 affecting the parent-child relationship may be brought by a
2-5 governmental entity with an interest in the child under Chapters
2-6 11, 13, 14, and 15 of this code. An emergency order or taking
2-7 possession of a child without a court order as provided by Section
2-8 17.02, <or> 17.03, or 17.032 of this code is governed by this
2-9 chapter.
2-10 SECTION 3. Section 17.03(a), Family Code, is amended to read
2-11 as follows:
2-12 (a) An authorized representative of the Texas Department of
2-13 Human Services, a law enforcement officer, or a juvenile probation
2-14 officer may take possession of a child without a court order only
2-15 under the following conditions, except as provided by Section
2-16 17.032 of this code <and no others>:
2-17 (1) upon discovery of a child in a situation of danger
2-18 to the child's physical health or safety when the sole purpose is
2-19 to deliver the child without unnecessary delay to the parent,
2-20 managing conservator, possessory conservator, guardian, caretaker,
2-21 or custodian who is presently entitled to possession of the child;
2-22 (2) upon the voluntary delivery of the child by the
2-23 parent, managing conservator, possessory conservator, guardian,
2-24 caretaker, or custodian who is presently entitled to possession of
2-25 the child;
2-26 (3) upon personal knowledge of facts which would lead
2-27 a person of ordinary prudence and caution to believe that there is
3-1 an immediate danger to the physical health or safety of the child
3-2 and that there is no time to obtain a temporary restraining order
3-3 or attachment under Section 17.02 of this code;
3-4 (4) upon information furnished by another which has
3-5 been corroborated by personal knowledge of facts and all of which
3-6 taken together would lead a person of ordinary prudence and caution
3-7 to believe that there is an immediate danger to the physical health
3-8 or safety of the child and that there is no time to obtain a
3-9 temporary restraining order or attachment under Section 17.02 of
3-10 this code;
3-11 (5) upon personal knowledge of facts that would lead a
3-12 person of ordinary prudence and caution to believe that the child
3-13 has been the victim of sexual abuse and that there is no time to
3-14 obtain a temporary restraining order or attachment under Section
3-15 17.02 of this code; or
3-16 (6) upon information furnished by another that has
3-17 been corroborated by personal knowledge of facts and all of which
3-18 taken together would lead a person of ordinary prudence and caution
3-19 to believe that the child has been the victim of sexual abuse and
3-20 that there is no time to obtain a temporary restraining order or
3-21 attachment under Section 17.02 of this code.
3-22 SECTION 4. This Act takes effect September 1, 1995.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.