SRC-TJG S.B. 669 78(R)BILL ANALYSIS


Senate Research CenterS.B. 669
By: Ogden
Health & Human Services
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Department of Protective and Regulatory Services (DPRS) and
local law enforcement are required to conduct a joint investigation of a
report of serious physical or sexual abuse of a child.  Local law
enforcement and DPRS are not expressly required to respond together to a
report of serious physical or sexual abuse of a child.  S.B. 669 requires
local law enforcement to accompany DPRS caseworkers when responding to
Priority I reports of abuse, which concern children who appear to face an
immediate risk of abuse or neglect that could result in death or serious
harm. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 261.301, Family Code, by amending Subsection
(f) and adding Subsection (h), as follows: 

(f) Requires an investigation of a report to the Department of Protective
and Regulatory Services (DPRS) that is assigned the highest priority in
accordance with DPRS rules adopted under Subsection (d) and that alleges
an immediate risk of physical or sexual abuse of a child that could result
in the death of or serious harm to the child to be conducted jointly by a
peace officer, as defined by Article 2.12, Code of Criminal Procedure (Who
are Peace Officers), from the appropriate local law enforcement agency,
rather than an investigator, and DPRS or the agency responsible for
conducting an investigation under Subchapter E.  Makes nonsubstantive
changes. 

(h) Requires DPRS and the appropriate local law enforcement agency to
conduct an investigation, other than an investigation under Subchapter E,
as provided by this section and Article 2.27, Code of Criminal Procedure
(Investigation of Certain Reports Alleging Child Abuse), if the
investigation is of a report of child abuse or neglect that is assigned
the highest priority in accordance with DPRS rules adopted under
Subsection (d) and that alleges an immediate risk of physical or sexual
abuse of a child that could result in the death of or serious harm to the
child.  Requires DPRS, immediately on receipt of a report described by
this subsection, to notify the appropriate local law enforcement agency of
the report. 

SECTION 2.  Amends Article 2.27, Code of Criminal Procedure, to require
the peace officer, as soon as possible after being notified by DPRS of the
report, but not later than 24 hours after being notified, to accompany the
DPRS investigator in initially responding to the report.  Makes conforming
and nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 2003.
            Makes application of this Act prospective.