Texas 2023 - 88th Regular

Texas Senate Bill SB2276

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring parental consent for peace officer interviews of certain children.

Impact

If enacted, SB2276 would alter the existing protocol for law enforcement interactions with young children, specifically aligning with legal provisions in the Code of Criminal Procedure. The change is significant as it aims to enhance the protections afforded to minors in the legal system, thereby potentially influencing how cases involving children are handled in Texas. The legislation also implies a shift in responsibility, placing an onus on law enforcement to ensure that parental involvement is secured prior to conducting interviews, contributing to a more child-sensitive approach in criminal investigations.

Summary

SB2276, introduced by Senator Zaffirini, mandates that peace officers must obtain parental consent before interviewing children under the age of 12. This legislative measure seeks to protect young children during interactions with law enforcement, recognizing their vulnerability and the potential consequences of such interviews. Under the proposed law, any statements made by a child during an interview conducted without parental consent would be inadmissible in legal proceedings. This bill reflects a broader trend towards prioritizing the rights of minors and safeguarding their interests in legal contexts.

Sentiment

The sentiment surrounding SB2276 is generally positive among child advocacy groups and those prioritizing children's rights. Proponents view it as a necessary safeguard that acknowledges the unique needs of young children in legal situations. Conversely, some law enforcement representatives might express concerns regarding operational constraints, arguing that obtaining consent could hinder timely investigations in urgent scenarios. Overall, the dialogue around the bill suggests a growing recognition of the need for child-centered reforms, although it also underscores the balancing act between protection and efficient law enforcement procedures.

Contention

Notable points of contention include potential concerns raised by law enforcement about delays in obtaining parental consent, which could complicate or prolong investigations involving children. Critics may argue that while the intent is commendable, the practical implications could lead to challenges in effectively addressing urgent situations where time is of the essence. Moreover, discussions may arise about how the bill interacts with existing statutes, particularly in cases where immediate questioning may be warranted for the safety of a child. The balance between protecting parental rights and ensuring the welfare of children during critical law enforcement interactions will likely fuel further debate.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB5190

Relating to requiring parental consent before interviewing a student regarding certain alleged incidents of misconduct in public schools.

TX A217

Prohibits Institutional Abuse Investigation Unit investigators from interviewing certain children without prior parental consent.

TX A1936

Prohibits Institutional Abuse Investigation Unit investigators from interviewing certain children without prior parental consent.

TX HB1065

Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct; creating a criminal offense.

TX HB2076

Relating to the impact of the presence of certain peace officers on the admissibility of certain statements made by children.

TX HB1642

Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct; creating a criminal offense.

TX SB2175

Child Protection Services social worker interviews with parents or children; require video and audio recordings.

TX HB2605

Duty to report; requirements; interviews

TX SB784

Relating to the transfer of certain public school students who are children of peace officers.

TX SB00822

An Act Concerning Interviews Of Children By The Department Of Children And Families During Investigations Of Child Abuse And Neglect.

Similar Bills

No similar bills found.