74R8543 DD-F By Duncan H.B. No. 886 Substitute the following for H.B. No. 886: By Van de Putte C.S.H.B. No. 886 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the arrest, custody, and detention of a child alleged 1-3 to have violated a curfew ordinance. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 14, Code of Criminal Procedure, is 1-6 amended by adding Article 14.07 to read as follows: 1-7 Art. 14.07. VIOLATIONS OF JUVENILE CURFEW ORDINANCE OR 1-8 ORDER. (a) A peace officer taking into custody a person under 17 1-9 years of age for violation of a juvenile curfew ordinance of a 1-10 general-law municipality or a home-rule municipality or order of a 1-11 county commissioners court shall, without unnecessary delay: 1-12 (1) release the person to the person's parent, 1-13 guardian, or custodian; 1-14 (2) take the person before a municipal or justice 1-15 court to answer the charge; or 1-16 (3) take the person to a place designated as a 1-17 juvenile curfew processing office by the head of the law 1-18 enforcement agency having custody of the person. 1-19 (b) A juvenile curfew processing office must observe the 1-20 following procedures: 1-21 (1) the office must be an unlocked, multi-purpose area 1-22 that is not designated, set aside, or used as a secure detention 1-23 area or part of a secure detention area; 2-1 (2) the person may not be secured physically to a 2-2 cuffing rail, chair, desk, or stationary object; 2-3 (3) the person may not be held longer than necessary 2-4 to accomplish the purposes of identification, investigation, 2-5 processing, release to parents, guardians, or custodians, and 2-6 arrangement of transportation to school or court; 2-7 (4) a juvenile curfew processing office may not be 2-8 designated or intended for residential purposes; 2-9 (5) the person must be under continuous visual 2-10 supervision by a peace officer or other person during the time the 2-11 person is in the juvenile curfew processing office; and 2-12 (6) a person may not be held in a juvenile curfew 2-13 processing office for more than six hours. 2-14 (c) A place designated under this article as a juvenile 2-15 curfew processing office is not subject to the approval of the 2-16 juvenile board having jurisdiction where the governmental entity is 2-17 located. 2-18 SECTION 2. A designation by a municipality of a juvenile 2-19 curfew processing office for the detention of a person who is 2-20 alleged to have violated a curfew ordinance made before the 2-21 effective date of this Act is validated if the processing office 2-22 otherwise meets the requirements of Article 14.07, Code of Criminal 2-23 Procedure, as added by this Act. 2-24 SECTION 3. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 3-1 emergency and an imperative public necessity that the 3-2 constitutional rule requiring bills to be read on three several 3-3 days in each house be suspended, and this rule is hereby suspended, 3-4 and that this Act take effect and be in force from and after its 3-5 passage, and it is so enacted.