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.