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S.B. No. 669
AN ACT
relating to the investigation of certain reports of child abuse or
neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.301, Family Code, is amended by
amending Subsection (f) and adding Subsection (h) to read as
follows:
(f) An investigation of a report to the department that is
assigned the highest priority in accordance with department rules
adopted under Subsection (d) and that alleges an immediate risk of
[serious] physical or sexual abuse of a child that could result in
the death of or serious harm to the child shall be conducted jointly
by a peace officer, as defined by Article 2.12, Code of Criminal
Procedure, [an investigator] from the appropriate local law
enforcement agency and the department or the agency responsible for
conducting an investigation under Subchapter E.
(h) The department and the appropriate local law
enforcement agency shall conduct an investigation, other than an
investigation under Subchapter E, as provided by this section and
Article 2.27, Code of Criminal Procedure, if the investigation is
of a report of child abuse or neglect that is assigned the highest
priority in accordance with department 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. Immediately on receipt of a report described by
this subsection, the department shall notify the appropriate local
law enforcement agency of the report.
SECTION 2. Article 2.27, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING CHILD
ABUSE. On receipt of a report that is assigned the highest priority
in accordance with rules adopted by the Department of Protective
and Regulatory Services under Section 261.301(d), Family Code, and
that alleges an immediate risk of [alleging serious] physical or
sexual abuse of a child that could result in the death of or serious
harm to the child by a person responsible for the care, custody, or
welfare of the child, a peace officer [an investigator] from the
appropriate local law enforcement agency shall investigate the
report jointly with the department [Department of Protective and
Regulatory Services] or with the agency responsible for conducting
an investigation under Subchapter E, Chapter 261, Family Code. As
soon as possible after being notified by the department of the
report, but not later than 24 hours after being notified, the peace
officer shall accompany the department investigator in initially
responding to the report.
SECTION 3. This Act takes effect September 1, 2003, and
applies only to the investigation of a report of child abuse or
neglect made on or after that date. The investigation of a report
of child abuse or neglect made before the effective date of this Act
is governed by the law in effect on the date the report was made, and
the former law is continued in effect for that purpose.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 669 passed the Senate on
April 25, 2003, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2003, by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 669 passed the House, with
amendment, on May 25, 2003, by the following vote: Yeas 117,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor