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.