By Harris                                              S.B. No. 789
       74R4545 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to possession and delivery of a child in an emergency
    1-3  without a court order.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 17.03(a) and (h), Family Code, are
    1-6  amended to read as follows:
    1-7        (a)  An authorized representative of the Texas Department of
    1-8  Human Services, a law enforcement officer, or a juvenile probation
    1-9  officer may take possession of a child without a court order only
   1-10  under the following conditions, except as provided by Section
   1-11  17.032 of this code <and no others>:
   1-12              (1)  upon discovery of a child in a situation of danger
   1-13  to the child's physical health or safety when the sole purpose is
   1-14  to deliver the child without unnecessary delay to the parent,
   1-15  managing conservator, possessory conservator, guardian, caretaker,
   1-16  or custodian who is presently entitled to possession of the child;
   1-17              (2)  upon the voluntary delivery of the child by the
   1-18  parent, managing conservator, possessory conservator, guardian,
   1-19  caretaker, or custodian who is presently entitled to possession of
   1-20  the child;
   1-21              (3)  upon personal knowledge of facts which would lead
   1-22  a person of ordinary prudence and caution to believe that there is
   1-23  an immediate danger to the physical health or safety of the child
   1-24  and that there is no time to obtain a temporary restraining order
    2-1  or attachment under Section 17.02 of this code;
    2-2              (4)  upon information furnished by another which has
    2-3  been corroborated by personal knowledge of facts and all of which
    2-4  taken together would lead a person of ordinary prudence and caution
    2-5  to believe that there is an immediate danger to the physical health
    2-6  or safety of the child and that there is no time to obtain a
    2-7  temporary restraining order or attachment under Section 17.02 of
    2-8  this code;
    2-9              (5)  upon personal knowledge of facts that would lead a
   2-10  person of ordinary prudence and caution to believe that the child
   2-11  has been the victim of sexual abuse and that there is no time to
   2-12  obtain a temporary restraining order or attachment under Section
   2-13  17.02 of this code; or
   2-14              (6)  upon information furnished by another that has
   2-15  been corroborated by personal knowledge of facts and all of which
   2-16  taken together would lead a person of ordinary prudence and caution
   2-17  to believe that the child has been the victim of sexual abuse and
   2-18  that there is no time to obtain a temporary restraining order or
   2-19  attachment under Section 17.02 of this code.
   2-20        (h)  When a child is taken into possession under this
   2-21  section, that child may <shall> not be held in isolation or in a
   2-22  jail or juvenile detention facility.  The child may not be placed
   2-23  in a facility where the child can see or be seen by or hear or be
   2-24  heard by a child who has been adjudicated as a child who engaged in
   2-25  delinquent conduct or conduct indicating a need for supervision
   2-26  under Title 3.
   2-27        SECTION 2.  Chapter 17, Family Code, is amended by adding
    3-1  Section 17.032 to read as follows:
    3-2        Sec. 17.032.  POSSESSION AND DELIVERY OF MISSING CHILD.  (a)
    3-3  A law enforcement officer who discovers during a criminal
    3-4  investigation relating to a child's custody that the child is a
    3-5  missing child and who believes that a person may flee with or
    3-6  conceal the child may:
    3-7              (1)  take possession of the child; and
    3-8              (2)  deliver or arrange for the delivery of the child
    3-9  to a parent or other person entitled to possession of the child.
   3-10        (b)  A law enforcement officer who takes possession of a
   3-11  child and delivers or arranges for the delivery of the child to a
   3-12  person entitled to possession under this section is immune from
   3-13  criminal and civil liability for actions relating to the delivery
   3-14  of the child if, at the time the possession and delivery occurs,
   3-15  the officer reasonably believes that:
   3-16              (1)  the child is a missing child; and
   3-17              (2)  the person to whom the child is delivered is
   3-18  entitled to possession of the child.
   3-19        (c)  In this section, "missing child" has the meaning
   3-20  assigned by Section 79.001, Human Resources Code.
   3-21        SECTION 3.  This Act takes effect September 1, 1995.
   3-22        SECTION 4.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.