By Munoz H.B. No. 764
74R2493 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 an offense 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, or under a federal law or a law of another
1-11 state that establishes an offense relating to interference with
1-12 child custody, a law enforcement officer may:
1-13 (1) take possession of a child who has been taken or
1-14 retained as an element of the offense and who is found in the
1-15 company of the person arrested; and
1-16 (2) deliver or arrange for the delivery of the child
1-17 to a parent or other person entitled to possession of the child.
1-18 (b) A law enforcement officer who takes possession of a
1-19 child and delivers or arranges for the delivery of the child to a
1-20 person entitled to possession under this section is immune from
1-21 civil liability if, at the time the possession and delivery occurs,
1-22 the officer reasonably believes that:
1-23 (1) the child has been taken or retained in violation
1-24 of:
2-1 (A) Section 25.03 or 25.031, Penal Code; or
2-2 (B) a federal law or a law of another state that
2-3 establishes an offense relating to interference with child custody;
2-4 and
2-5 (2) the person to whom the child is delivered is
2-6 entitled to possession of the child.
2-7 SECTION 2. Section 17.03(a), Family Code, is amended to read
2-8 as follows:
2-9 (a) An authorized representative of the Texas Department of
2-10 Human Services, a law enforcement officer, or a juvenile probation
2-11 officer may take possession of a child without a court order only
2-12 under the following conditions, except as provided by Section
2-13 17.032 of this code <and no others>:
2-14 (1) upon discovery of a child in a situation of danger
2-15 to the child's physical health or safety when the sole purpose is
2-16 to deliver the child without unnecessary delay to the parent,
2-17 managing conservator, possessory conservator, guardian, caretaker,
2-18 or custodian who is presently entitled to possession of the child;
2-19 (2) upon the voluntary delivery of the child by the
2-20 parent, managing conservator, possessory conservator, guardian,
2-21 caretaker, or custodian who is presently entitled to possession of
2-22 the child;
2-23 (3) upon personal knowledge of facts which would lead
2-24 a person of ordinary prudence and caution to believe that there is
2-25 an immediate danger to the physical health or safety of the child
2-26 and that there is no time to obtain a temporary restraining order
2-27 or attachment under Section 17.02 of this code;
3-1 (4) upon information furnished by another which has
3-2 been corroborated by personal knowledge of facts and all of which
3-3 taken together would lead a person of ordinary prudence and caution
3-4 to believe that there is an immediate danger to the physical health
3-5 or safety of the child and that there is no time to obtain a
3-6 temporary restraining order or attachment under Section 17.02 of
3-7 this code;
3-8 (5) upon personal knowledge of facts that would lead a
3-9 person of ordinary prudence and caution to believe that the child
3-10 has been the victim of sexual abuse and that there is no time to
3-11 obtain a temporary restraining order or attachment under Section
3-12 17.02 of this code; or
3-13 (6) upon information furnished by another that has
3-14 been corroborated by personal knowledge of facts and all of which
3-15 taken together would lead a person of ordinary prudence and caution
3-16 to believe that the child has been the victim of sexual abuse and
3-17 that there is no time to obtain a temporary restraining order or
3-18 attachment under Section 17.02 of this code.
3-19 SECTION 3. This Act takes effect September 1, 1995.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.