1-1 By: Gutierrez (Senate Sponsor - West) H.B. No. 2991 1-2 (In the Senate - Received from the House April 26, 2001; 1-3 April 27, 2001, read first time and referred to Committee on 1-4 Criminal Justice; May 10, 2001, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 10, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the duty of a peace officer to prevent certain 1-9 juveniles from crossing the border between this state and Mexico. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended 1-12 by adding Article 2.131 to read as follows: 1-13 Art. 2.131. DUTY TO PREVENT CERTAIN JUVENILES FROM CROSSING 1-14 BORDER. (a) A peace officer who observes a person younger than 18 1-15 years of age attempting to cross the border between this state and 1-16 Mexico shall prevent the person from crossing the border unless the 1-17 person: 1-18 (1) is accompanied by a parent or guardian; or 1-19 (2) has: 1-20 (A) written consent from the person's parent or 1-21 guardian to cross the border; or 1-22 (B) a current United States passport issued to 1-23 the person. 1-24 (b) A peace officer who prevents a person from crossing the 1-25 border as required by this article may not detain the person unless 1-26 the officer has reasonable suspicion or probable cause to believe 1-27 that the person has engaged in conduct prohibited by law. 1-28 SECTION 2. This Act takes effect September 1, 2001. 1-29 * * * * *