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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement agency policies regarding the placement |
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of a child taken into possession by a peace officer during the |
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arrest of a person. |
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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 2.274 to read as follows: |
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Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a) |
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In this article, "law enforcement agency" has the meaning assigned |
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by Article 2.1386. |
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(b) Each law enforcement agency shall adopt a written policy |
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regarding the safe placement of a child who is in the care, custody, |
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or control of a person at the time the person is arrested. The |
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policy must require that: |
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(1) the arresting peace officer attempt to locate a |
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competent adult identified by the arrested person to whom the |
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officer may release the child; |
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(2) before releasing the child to an adult located |
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under Subdivision (1), the officer: |
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(A) 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 verify |
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that the person to whom the child is 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; |
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(iii) is not registered as a sex offender; |
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and |
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(iv) has not previously been finally |
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convicted of any felony under Section 20A.03 or 21.02, Penal Code, |
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or listed in Article 42A.054(a); |
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(B) verify that the person to whom the child is |
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being released is at least 18 years of age; and |
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(C) collect information about the child's |
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placement to provide to the person who is arrested on the person's |
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release, including: |
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(i) identifying information about the |
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child, including the child's name and pseudonyms; and |
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(ii) the name and address of the person to |
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whom the child is being released; |
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(3) if after a reasonable period of time and a good |
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faith effort the officer does not locate a person described by |
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Subdivision (1), the officer may release the child to a safe living |
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arrangement determined under Subsection (c); and |
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(4) if after a reasonable period of time and a good |
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faith effort, the officer does not locate a safe living arrangement |
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determined under Subsection (c), the officer may release the child |
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to a representative of the victim services division or other |
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similar division within the law enforcement agency to arrange the |
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release of the child to the Department of Family and Protective |
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Services. |
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(c) Each law enforcement agency shall coordinate with |
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child-care providers, nonprofit organizations, and faith-based |
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entities in the agency's region to develop options for safe living |
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arrangements for a child who is in the care, custody, or control of |
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a person at the time the person is arrested and develop an agreement |
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that provides the procedures for the law enforcement agency to |
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release a child to the care of those entities. |
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SECTION 2. Not later than June 1, 2022, each law enforcement |
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agency in this state shall adopt the policy required by Article |
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2.274, Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |