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A BILL TO BE ENTITLED
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AN ACT
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relating to the taking of children into custody by certain law |
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enforcement officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 14, Code of Criminal Procedure, is |
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amended by adding Article 14.07 to read as follows: |
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Art. 14.07. EXTRAJURISDICTIONAL APPREHENSION OF CHILD. A |
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person who is younger than 17 years of age who is lawfully taken |
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into custody by a federal law enforcement officer in this state, or |
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by a law enforcement officer of another state in that state: |
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(1) may be detained, interviewed, and otherwise |
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processed under, as applicable, federal law or the laws of the other |
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state; and |
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(2) is not considered to be in custody for the purposes |
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of this chapter or Chapter 52, Family Code, until the person has |
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been released to a person or brought to a person or facility in the |
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manner required by Section 52.02, Family Code. |
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SECTION 2. Section 52.02(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (c) and Article 14.07, |
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Code of Criminal Procedure, a person taking a child into custody, |
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without unnecessary delay and without first taking the child to any |
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place other than a juvenile processing office designated under |
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Section 52.025, shall do one of the following: |
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(1) release the child to a parent, guardian, custodian |
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of the child, or other responsible adult upon that person's promise |
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to bring the child before the juvenile court as requested by the |
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court; |
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(2) bring the child before the office or official |
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designated by the juvenile board if there is probable cause to |
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believe that the child engaged in delinquent conduct, conduct |
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indicating a need for supervision, or conduct that violates a |
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condition of probation imposed by the juvenile court; |
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(3) bring the child to a detention facility designated |
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by the juvenile board; |
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(4) bring the child to a secure detention facility as |
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provided by Section 51.12(j); |
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(5) bring the child to a medical facility if the child |
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is believed to suffer from a serious physical condition or illness |
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that requires prompt treatment; |
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(6) dispose of the case under Section 52.03; or |
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(7) if school is in session and the child is a student, |
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bring the child to the school campus to which the child is assigned |
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if the principal, the principal's designee, or a peace officer |
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assigned to the campus agrees to assume responsibility for the |
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child for the remainder of the school day. |
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SECTION 3. The change in law made by this Act applies only |
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to a child taken into custody on or after the effective date of this |
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Act. A child taken into custody before the effective date of this |
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Act is governed by the law in effect on the date that the child was |
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taken into custody, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |