SRC-JJJ H.B. 668 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 668
76R2991 PEP-FBy: Wise (Armbrister)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

The process of locating a missing child may be a difficult, time-consuming
process for law enforcement officers.  H.B. 668 would establish provisions
relating to missing children, to the duty of law enforcement with respect
to missing children, and increases certain criminal penalties for specific
offenses frequently committed against missing children. 
 
PURPOSE

As proposed, H.B. 668 establishes provisions relating to missing children,
to the duty of law enforcement with respect to missing children, and to
certain criminal offenses frequently committed against missing children. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.13, Code of Criminal Procedure, to provide
that it is the duty of every peace officer to preserve the peace within the
officer's jurisdiction.  Establishes that it is the duty of every officer
to take possession of a child under Article 62.009(g).  Makes conforming
changes. 

SECTION 2.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.0015, as follows: 

Art. 62.0015.  PRESUMPTION REGARDING PARENTAGE.  Provides that a person
named as a child's mother or father in the child's birth certificate is
presumed to be the child's parent. 

SECTION 3.  Amends Article 62.006(b), Code of Criminal Procedure, to
require, rather than authorize that, at any time a report is made for a
missing person the law enforcement officer completes a dental release form
for certain purposes.   

SECTION 4.  Amends Article 62.009(a), Code of Criminal Procedure, to delete
text regarding an officer's taking immediate possession of a child upon
determining the child's location.   

SECTION 5.  Amends Article 62.009, Code of Criminal Procedure, by adding
Subsection (g), to require an officer to take possession of a child, upon
determining the location of the child, and to deliver or arrange for the
delivery of the child to a person entitled to possession of the child.
Requires the law enforcement officer to deliver the child to the Department
of Protective and Regulatory Services. 

SECTION 6.  Amends Section 262.007(a), Family Code, to require, rather than
authorize, a law enforcement officer to take a child into custody if
certain conditions exist.   

SECTION 7.  Amends Section 25.04(b), Penal Code, to provide that an offense
under this subsection is a Class B misdemeanor, unless it is shown that the
actor intended to commit a felony against the  child, in which event an
offense is a felony of the third degree. 

SECTION 8.  Amends Section 71.02(a), Penal Code,  to provide that a person
commits an offense if the person commits or conspires to commit certain
offenses, including any offense under Chapter 43B, depicting or involving
conduct by or directed toward a child younger than 18, rather than 17,
years of age.  Deletes text regarding unlawful employment, authorization,
or inducing of a child in an obscene sexual performance. 

SECTION 9.  Makes application of SECTIONS 7 and 8 of this Act prospective.

SECTION 10.  Effective date: September 1, 1999.

SECTION 11.  Emergency clause.