Texas 2011 - 82nd Regular

Texas House Bill HB2374 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R9974 KCR-D
2	2	By: Gallego H.B. No. 2374
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the taking of children into custody by certain law
8	8	enforcement officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Code of Criminal Procedure, is
11	11	amended by adding Article 14.07 to read as follows:
12	12	Art. 14.07. EXTRAJURISDICTIONAL APPREHENSION OF CHILD. A
13	13	person who is younger than 17 years of age who is lawfully taken
14	14	into custody by a federal law enforcement officer in this state, or
15	15	by a law enforcement officer of another state in that state:
16	16	(1) may be detained, interviewed, and otherwise
17	17	processed under, as applicable, federal law or the laws of the other
18	18	state; and
19	19	(2) is not considered to be in custody for the purposes
20	20	of this chapter or Chapter 52, Family Code, until the person has
21	21	been released to a person or brought to a person or facility in the
22	22	manner required by Section 52.02, Family Code.
23	23	SECTION 2. Section 52.02(a), Family Code, is amended to
24	24	read as follows:
25	25	(a) Except as provided by Subsection (c) and Article 14.07,
26	26	Code of Criminal Procedure, a person taking a child into custody,
27	27	without unnecessary delay and without first taking the child to any
28	28	place other than a juvenile processing office designated under
29	29	Section 52.025, shall do one of the following:
30	30	(1) release the child to a parent, guardian, custodian
31	31	of the child, or other responsible adult upon that person's promise
32	32	to bring the child before the juvenile court as requested by the
33	33	court;
34	34	(2) bring the child before the office or official
35	35	designated by the juvenile board if there is probable cause to
36	36	believe that the child engaged in delinquent conduct, conduct
37	37	indicating a need for supervision, or conduct that violates a
38	38	condition of probation imposed by the juvenile court;
39	39	(3) bring the child to a detention facility designated
40	40	by the juvenile board;
41	41	(4) bring the child to a secure detention facility as
42	42	provided by Section 51.12(j);
43	43	(5) bring the child to a medical facility if the child
44	44	is believed to suffer from a serious physical condition or illness
45	45	that requires prompt treatment;
46	46	(6) dispose of the case under Section 52.03; or
47	47	(7) if school is in session and the child is a student,
48	48	bring the child to the school campus to which the child is assigned
49	49	if the principal, the principal's designee, or a peace officer
50	50	assigned to the campus agrees to assume responsibility for the
51	51	child for the remainder of the school day.
52	52	SECTION 3. The change in law made by this Act applies only
53	53	to a child taken into custody on or after the effective date of this
54	54	Act. A child taken into custody before the effective date of this
55	55	Act is governed by the law in effect on the date that the child was
56	56	taken into custody, and the former law is continued in effect for
57	57	that purpose.
58	58	SECTION 4. This Act takes effect September 1, 2011.