By Montford S.B. No. 507 74R4855 JBN-F 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 52, Family Code, is amended by adding 1-6 Section 52.024 to read as follows: 1-7 Sec. 52.024. DETENTION OF CURFEW VIOLATOR. (a) The 1-8 governing body of a governmental entity having the authority to 1-9 adopt an ordinance providing for a curfew for a minor may designate 1-10 a place in the territory of the entity where a child who is taken 1-11 into custody for a violation of the curfew ordinance may be 1-12 detained for not more than six hours for the purpose of returning 1-13 the child to a parent, conservator, guardian, or other custodian of 1-14 the child or a responsible adult. 1-15 (b) A place designated under this section: 1-16 (1) may be under the supervision of a law enforcement 1-17 officer of the governmental entity designating the place; 1-18 (2) may not be a jail cell or other secure holding 1-19 facility where a person other than an alleged curfew violator is 1-20 detained; and 1-21 (3) is not subject to the approval of the juvenile 1-22 board having jurisdiction where the governmental entity is located. 1-23 SECTION 2. Section 52.02(a), Family Code, is amended to read 1-24 as follows: 2-1 (a) A person taking a child into custody, without 2-2 unnecessary delay and without first taking the child to any place 2-3 other than a juvenile processing office designated under Section 2-4 52.025 of this code or a holding place designated under Section 2-5 52.024 of this code, shall do one of the following: 2-6 (1) release the child to a parent, guardian, custodian 2-7 of the child, or other responsible adult upon that person's promise 2-8 to bring the child before the juvenile court as requested by the 2-9 court; 2-10 (2) bring the child before the office or official 2-11 designated by the juvenile court if there is probable cause to 2-12 believe that the child engaged in delinquent conduct or conduct 2-13 indicating a need for supervision; 2-14 (3) bring the child to a detention facility designated 2-15 by the juvenile court; 2-16 (4) bring the child to a medical facility if the child 2-17 is believed to suffer from a serious physical condition or illness 2-18 that requires prompt treatment; or 2-19 (5) dispose of the case under Section 52.03 of this 2-20 code. 2-21 SECTION 3. A designation by a governmental entity of a place 2-22 that is for the detention of a person who is alleged to have 2-23 violated a curfew ordinance and that was made before the effective 2-24 date of this Act is validated if the place otherwise meets the 2-25 requirements of Section 52.024, Family Code, as added by this Act. 2-26 SECTION 4. The importance of this legislation and the 2-27 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.