1-1     By:  West                                              S.B. No. 478
 1-2           (In the Senate - Filed January 30, 2001; February 1, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 21, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; March 21, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 478                  By:  Bernsen
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to certain children suspected of conduct that violates a
1-11     penal law who are taken into possession in an emergency without a
1-12     court order by the Department of Protective and Regulatory
1-13     Services.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Subchapter B, Chapter 262, Family Code, is
1-16     amended by adding Section 262.1045 to read as follows:
1-17           Sec. 262.1045.  CHILD SUSPECTED OF CONDUCT THAT VIOLATES
1-18     PENAL LAW.  (a)  This section applies only to an abused or
1-19     neglected child:
1-20                 (1)  who is taken into possession in an emergency
1-21     without a court order by the Department of Protective and
1-22     Regulatory Services; and
1-23                 (2)  who is suspected of having engaged in behavior
1-24     that violates a penal law of this state.
1-25           (b)  The Department of Protective and Regulatory Services may
1-26     not request a law enforcement agency to take possession of a child
1-27     to whom this section applies until after the initial hearing
1-28     required under Section 262.106 has been held in an expedited manner
1-29     as required under Section 262.112.
1-30           SECTION 2.  Section 262.109, Family Code, is amended by
1-31     adding Subsections (e) and (f) to read as follows:
1-32           (e)  If the child taken into possession is a child to whom
1-33     Section 262.1045 applies, the notice must also include:
1-34                 (1)  notice that the child is suspected of conduct that
1-35     violates a penal law;
1-36                 (2)  if a law enforcement agency has requested or
1-37     planned to take possession of the child, the name of the law
1-38     enforcement agency and contact information known to the Department
1-39     of Protective and Regulatory Services;
1-40                 (3)  if a law enforcement agency or officer intends to
1-41     interrogate the child, a statement that the child may be brought
1-42     before a magistrate to be advised of the rights provided by Section
1-43     51.095, including the right to remain silent and the right to have
1-44     an attorney present;
1-45                 (4)  if known to the Department of Protective and
1-46     Regulatory Services, the date, time, and location of the magistrate
1-47     hearing; and
1-48                 (5)  a statement that the parent, conservator,
1-49     guardian, or other custodian has the right to hire an attorney for
1-50     the child.
1-51           (f)  Notice for a child to whom Section 262.1045 applies may
1-52     be waived by the court at the initial hearing:
1-53                 (1)  as provided under Subsection (d)(1); or
1-54                 (2)  on a showing that the Department of Protective and
1-55     Regulatory Services reasonably suspects that a parent, conservator,
1-56     or other custodian of the child has engaged in behavior that
1-57     violates a penal law of this state.
1-58           SECTION 3.  Subsection (a), Section 262.112, Family Code, is
1-59     amended to read as follows:
1-60           (a)  The Department of Protective and Regulatory Services:
1-61                 (1)  is entitled to an expedited hearing under this
1-62     chapter in any proceeding in which a hearing is required if the
1-63     department determines that a child should be removed from the
1-64     child's home because of an immediate danger to the physical health
 2-1     or safety of the child; and
 2-2                 (2)  shall request and must be granted an expedited
 2-3     hearing for a child to whom Section 262.1045 applies.
 2-4           SECTION 4.  (a)  This Act takes effect immediately if it
 2-5     receives a vote of two-thirds of all the members elected to each
 2-6     house, as provided by Section 39, Article III, Texas Constitution.
 2-7     If this Act does not receive the vote necessary for immediate
 2-8     effect, this Act takes effect September 1, 2001.
 2-9           (b)  This Act applies only to a child taken into possession
2-10     in an emergency without a court order by the Department of
2-11     Protective and Regulatory Services on or after the effective date
2-12     of this Act.
2-13                                  * * * * *