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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of and training for certain officers and |
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jailers regarding 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] RESPONSE TO CHILD SAFETY |
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CHECK ALERT. (a) If an [a peace] officer locates a child or other |
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person listed on the Texas Crime Information Center's child safety |
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check alert list established under Section 261.3022, Family Code, |
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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 [peace] officer may temporarily detain the child or |
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other person to ensure the safety and well-being of the child. |
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(c) If the [peace] officer determines that the |
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circumstances described by Section 262.104, Family Code, exist, the |
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officer may take temporary possession of the child without a court |
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order as provided by Section 262.104, Family Code. If the [peace] |
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officer does not take temporary possession of the child, the |
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officer shall obtain the child's current address and any other |
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relevant information and report that information to the Department |
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of Family and Protective Services. |
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(d) An [A peace] officer who locates a child or other person |
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listed on the Texas Crime Information Center's child safety check |
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alert list and who reports the child's or other person's current |
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address and other relevant information to the Department of Family |
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and Protective Services shall report to the Texas Crime Information |
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Center that the child or other person has been located and to whom |
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the child was released, as applicable. |
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(e) In this article, "officer" means: |
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(1) a peace officer; |
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(2) a parole officer, as defined by Section 508.001, |
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Government Code; |
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(3) a juvenile probation officer, juvenile |
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supervision officer, juvenile correctional officer, or juvenile |
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parole officer; |
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(4) a supervision officer, as defined by Article |
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42A.001; and |
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(5) a county jailer, as defined by Section 1701.001, |
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Occupations Code. |
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SECTION 2. Section 261.3023, Family Code, is 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 an [a law enforcement] officer, as defined by |
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Article 2.272, Code of Criminal Procedure, encounters 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, the [law enforcement] officer shall follow |
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the procedures described by that article [Article 2.272, Code of
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Criminal Procedure]. |
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SECTION 3. Sections 261.3024(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) An [A law enforcement] officer, as defined by Article |
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2.272, Code of Criminal Procedure, who locates a child listed on the |
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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 that article [Article 2.272, Code of Criminal
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Procedure]. |
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(b) If the department locates a child who has been placed on |
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the child safety check alert list established under Section |
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261.3022 through a means other than information reported to the |
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department by an [a law enforcement] officer under Article 2.272, |
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Code of Criminal Procedure, the department shall report to the |
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Texas Crime Information Center that the child has been located. |
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SECTION 4. Section 261.3025(b), Family Code, is amended to |
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read as follows: |
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(b) The report must include the following information for |
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the preceding calendar year: |
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(1) the number of peace [law enforcement] officers who |
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completed the training program established under Section 1701.266, |
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Occupations Code; |
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(2) the number of children who have been placed on the |
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child safety check alert list and the number of those children who |
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have been located; and |
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(3) the number of families who have been placed on the |
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child safety check alert list and the number of those families who |
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have been located. |
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SECTION 5. Section 76.005, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) To be eligible for appointment as an officer who |
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supervises defendants placed on community supervision a person must |
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complete a training course on the Texas Crime Information Center's |
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child safety check alert list that is substantially similar to the |
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education and training program established under Section 1701.266, |
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Occupations Code. |
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SECTION 6. Subchapter D, Chapter 508, Government Code, is |
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amended by adding Section 508.11411 to read as follows: |
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Sec. 508.11411. SPECIALIZED TRAINING; CHILD SAFETY CHECK |
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ALERT LIST. The department shall develop and provide specialized |
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training for parole officers on the Texas Crime Information |
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Center's child safety check alert list. The training must be |
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substantially similar to the education and training program |
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established under Section 1701.266, Occupations Code. |
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SECTION 7. Subchapter A, Chapter 221, Human Resources Code, |
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is amended by adding Section 221.0062 to read as follows: |
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Sec. 221.0062. CHILD SAFETY CHECK ALERT LIST TRAINING. The |
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department shall provide training on the Texas Crime Information |
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Center's child safety check alert list during the preservice |
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training the department provides for juvenile probation officers, |
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juvenile supervision officers, juvenile correctional officers, and |
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juvenile parole officers. The training must be substantially |
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similar to the education and training program established under |
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Section 1701.266, Occupations Code. |
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SECTION 8. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (p) to read as follows: |
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(p) As part of the minimum curriculum requirements, the |
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commission shall require an officer to complete the education and |
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training program on the Texas Crime Information Center's child |
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safety check alert list developed under Section 1701.266(a). An |
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officer shall complete the program not later than the second |
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anniversary of the date the officer is licensed under this chapter |
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unless the officer completes the program as part of the officer's |
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basic training course. |
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SECTION 9. Section 1701.266, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The commission by rule may require a county that |
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appoints or employs a county jailer to provide the jailer with |
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training that is substantially similar to the education and |
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training program established under this section. |
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SECTION 10. Not later than December 31, 2019, the Texas |
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Commission on Law Enforcement shall adopt the rules necessary to |
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implement Section 1701.253(p), Occupations Code, as added by this |
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Act, and Section 1701.266, Occupations Code, as amended by this |
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Act. |
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SECTION 11. This Act takes effect September 1, 2019. |