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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of certain children through the |
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operation of the child safety check alert list and training for law |
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enforcement officers relating to the child safety check alert list. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.272, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.272. LAW ENFORCEMENT OFFICER RESPONSE TO CHILD |
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SAFETY CHECK ALERT. (a) If a law enforcement [peace] officer |
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locates a child or other person listed on the Texas Crime |
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Information Center's child safety check alert list established |
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under Section 261.3022, Family Code, the officer shall: |
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(1) immediately contact the Department of Family and |
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Protective Services on the department's dedicated law-enforcement |
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telephone number for statewide intake; |
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(2) request information from the department regarding |
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the circumstances of the case involving the child or other person; |
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and |
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(3) request information from the child and the other |
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person regarding the child's safety, well-being, and current |
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residence. |
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(b) The law enforcement [peace] officer may temporarily |
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detain the child or other person to ensure the safety and well-being |
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of the child. |
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(c) If the law enforcement [peace] officer determines that |
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the circumstances described by Section 262.104, Family Code, exist, |
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the officer may take temporary possession of the child without a |
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court order as provided by Section 262.104, Family Code. If the law |
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enforcement [peace] officer does not take temporary possession of |
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the child, the officer shall obtain the child's current address and |
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any other relevant information and report that information to the |
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Department of Family and Protective Services. |
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(d) A law enforcement [peace] officer who locates a child or |
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other person listed on the Texas Crime Information Center's child |
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safety check alert list and who reports the child's or other |
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person's current address and other relevant information to the |
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Department of Family and Protective Services shall report to the |
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Texas Crime Information Center that the child or other person has |
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been located and to whom the child was released, as applicable. |
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(e) In this article, "law enforcement officer" means a peace |
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officer described by Article 2.12, a probation officer, a parole |
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officer, a correctional officer, or a jailer. |
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SECTION 2. Section 261.3023, Family Code, as amended by |
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Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY |
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CHECK ALERT. If a law enforcement officer, as that term is defined |
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in Article 2.272, Code of Criminal Procedure, encounters a child or |
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other person[, including a child,] listed on the Texas Crime |
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Information Center's child safety check alert list, the law |
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enforcement officer shall follow the procedures described by |
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Article 2.272, Code of Criminal Procedure. |
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SECTION 3. Section 261.3024(a), Family Code, as amended by |
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Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted to read as |
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follows: |
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(a) A law enforcement officer who locates a child listed on |
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the Texas Crime Information Center's child safety check alert list |
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shall report that the child has been located in the manner |
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prescribed by Article 2.272, Code of Criminal Procedure. |
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SECTION 4. Section 1701.352, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (j) to read as |
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follows: |
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(b) The commission shall require a state, county, special |
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district, or municipal agency that appoints or employs peace |
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officers to provide each peace officer with a training program at |
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least once every 48 months that is approved by the commission and |
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consists of: |
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(1) topics selected by the agency; and |
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(2) for an officer holding only a basic proficiency |
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certificate, not more than 20 hours of education and training that |
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contain curricula incorporating the learning objectives developed |
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by the commission regarding: |
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(A) civil rights, racial sensitivity, and |
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cultural diversity; |
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(B) de-escalation and crisis intervention |
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techniques to facilitate interaction with persons with mental |
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impairments; [and] |
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(C) unless determined by the agency head to be |
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inconsistent with the officer's assigned duties: |
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(i) the recognition and documentation of |
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cases that involve child abuse or neglect, family violence, and |
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sexual assault; and |
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(ii) issues concerning sex offender |
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characteristics; and |
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(D) appropriate use of and response to persons on |
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the child safety check alert list required by Section 261.3022, |
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Family Code. |
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(j) The commission shall collaborate with the Department of |
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Public Safety on the development of training materials for the |
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training required in Subsection (b)(2)(D). |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2017. |