Texas Senate Bill SB334

Texas 2019 - 86th Regular

Caption

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.

Impact

The bill amends Chapter 2 of the Code of Criminal Procedure by adding a new article, Article 2.274, which lays out specific actions that law enforcement agencies must take during the arrest of a person with children in their care. Agencies are now obligated to establish protocols for verifying the competency of identified adults, such as checking for any criminal background or history of child abuse. This measure aims to prioritize the welfare of children and minimize their displacement during arrests.

Summary

Senate Bill 334 introduces a new requirement for law enforcement agencies in Texas by mandating the adoption of written policies concerning the safe placement of children when a parent or guardian is arrested. This bill seeks to ensure that there are protocols in place to protect children during potentially traumatic situations. Under this legislation, peace officers are required to first attempt to place the child with a competent adult specified by the arrested individual before considering other options.

Contention

Some points of contention surrounding SB334 may arise from the mandates imposed on law enforcement agencies, particularly regarding the resources and procedures required to verify the safety of adult caregivers. There may also be discussions around the implications of the additional administrative burden that these policies could place on local law enforcement, especially in areas with limited resources or personnel. Additionally, concerns may be raised about the balance of responsibilities between law enforcement and child protective services when managing such sensitive circumstances.