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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a child taken into possession by a law |
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enforcement officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.273 to read as follows: |
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Art. 2.273. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. |
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(a) A law enforcement officer who takes possession of a child |
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under Section 262.104, Family Code, may release the child to: |
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(1) a residential child-care facility licensed by the |
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Department of Family and Protective Services under Chapter 42, |
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Human Resources Code, if the facility is authorized by the |
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department to take possession of the child; |
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(2) a juvenile probation department; |
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(3) the Department of Family and Protective Services; |
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or |
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(4) any other person authorized by law to take |
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possession of the child. |
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(b) Before a law enforcement officer may release a child to |
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a person authorized by law to take possession of the child other |
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than a governmental entity, the officer shall: |
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(1) verify with the National Crime Information Center |
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that the child is not a missing child; |
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(2) search the relevant databases of the National |
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Crime Information Center system, including those pertaining to |
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protection orders, historical protection orders, warrants, sex |
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offender registries, and persons on supervised release to: |
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(A) verify that the person to whom the child is |
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being released: |
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(i) does not have an outstanding warrant; |
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(ii) does not have a protective order |
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issued against the person; and |
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(iii) is not registered as a sex offender |
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unless the person is the child's parent or guardian and there are no |
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restrictions regarding the person's contact with the child; and |
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(B) obtain any other information the Department |
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of Family and Protective Services considers: |
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(i) relevant to protect the welfare of the |
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child; or |
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(ii) reflective of the responsibility of |
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the person to whom the child is being released; |
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(3) call the Department of Family and Protective |
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Services Texas Abuse Hotline to determine whether the person to |
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whom the child is being released is listed in the registry as a |
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person who abused or neglected a child; |
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(4) verify that the person to whom the child is being |
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released is at least 18 years of age; and |
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(5) maintain a record regarding the child's placement, |
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including: |
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(A) identifying information about the child, |
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including the child's name or pseudonyms; and |
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(B) the name and address of the person to whom the |
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child is being released. |
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SECTION 2. This Act takes effect September 1, 2017. |