SRC-AMY S.B. 1665 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1665
By: Averitt
Jurisprudence
6/24/2003
Enrolled

DIGEST AND PURPOSE 

Currently, a law enforcement officer is authorized to take custody of a
child without a court order under certain circumstances.  Once the law
enforcement officer takes temporary custody of a child, the officer the
maintains temporary custody until Child Protective Services (CPS) or the
responsible party takes custody of the child.  During this interim, the
officer is removed from law enforcement duties and emergency response
services.  S.B. 1665 authorizes employees of or volunteers with a law
enforcement agency to assist police officers with the temporary care of a
child taken into possession without a court order until further
arrangements regarding the child's custody can be made as long as the
employee or volunteer has passed a background and criminal history check. 

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 Subchapter A, Chapter 262, Family Code, by adding
Section 262.009, as follows: 

Sec.  262.009.  TEMPORARY CARE OF CHILD TAKEN INTO POSSESSION. Authorizes
an employee of or volunteer with a law enforcement agency, who
successfully completes a background and criminal history check approved by
the law enforcement agency, to assist a  law enforcement or juvenile
probation officer with the temporary care of a child who is taken into
possession by a governmental entity without a court order under this
chapter until further arrangements regarding the child's custody can be
made. 

SECTION 2.  Makes application of this Act prospective. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.