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