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.