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.
    1-5        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.