| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to law enforcement agency policies regarding the placement |
|
|
of a child taken into possession by a peace officer during the |
|
|
arrest of a person. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.274 to read as follows: |
|
|
Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a) |
|
|
In this article, "law enforcement agency" has the meaning assigned |
|
|
by Article 2.1386. |
|
|
(b) Each law enforcement agency shall adopt a written policy |
|
|
regarding the safe placement of a child who is in the care, custody, |
|
|
or control of a person at the time the person is arrested. The |
|
|
policy must require that: |
|
|
(1) the arresting peace officer attempt to locate a |
|
|
competent adult identified by the arrested person to whom the |
|
|
officer may release the child; |
|
|
(2) before releasing the child to an adult located |
|
|
under Subdivision (1), the officer: |
|
|
(A) search the relevant databases of the National |
|
|
Crime Information Center system, including those pertaining to |
|
|
protection orders, historical protection orders, warrants, sex |
|
|
offender registries, and persons on supervised release to verify |
|
|
that the person to whom the child is being released: |
|
|
(i) does not have an outstanding warrant; |
|
|
(ii) does not have a protective order |
|
|
issued against the person; |
|
|
(iii) is not registered as a sex offender; |
|
|
and |
|
|
(iv) has not previously been finally |
|
|
convicted of any felony under Section 20A.03 or 21.02, Penal Code, |
|
|
or listed in Article 42A.054(a); |
|
|
(B) verify that the person to whom the child is |
|
|
being released is at least 18 years of age; and |
|
|
(C) collect information about the child's |
|
|
placement to provide to the person who is arrested on the person's |
|
|
release, including: |
|
|
(i) identifying information about the |
|
|
child, including the child's name and pseudonyms; and |
|
|
(ii) the name and address of the person to |
|
|
whom the child is being released; |
|
|
(3) if after a reasonable period of time and a good |
|
|
faith effort the officer does not locate a person described by |
|
|
Subdivision (1), the officer may release the child to a safe living |
|
|
arrangement determined under Subsection (c); and |
|
|
(4) if after a reasonable period of time and a good |
|
|
faith effort, the officer does not locate a safe living arrangement |
|
|
determined under Subsection (c), the officer may release the child |
|
|
to a representative of the victim services division or other |
|
|
similar division within the law enforcement agency to arrange the |
|
|
release of the child to the Department of Family and Protective |
|
|
Services. |
|
|
(c) Each law enforcement agency shall coordinate with |
|
|
child-care providers, nonprofit organizations, and faith-based |
|
|
entities in the agency's region to develop options for safe living |
|
|
arrangements for a child who is in the care, custody, or control of |
|
|
a person at the time the person is arrested and develop an agreement |
|
|
that provides the procedures for the law enforcement agency to |
|
|
release a child to the care of those entities. |
|
|
SECTION 2. Not later than June 1, 2024, each law enforcement |
|
|
agency in this state shall adopt the policy required by Article |
|
|
2.274, Code of Criminal Procedure, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |