85R13020 MCK-F
By: Rose H.B. No. 3942
A BILL TO BE ENTITLED
AN ACT
relating to the protection of certain children through the
operation of the child safety check alert list and training for law
enforcement officers relating to the child safety check alert list.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.272, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.272. LAW ENFORCEMENT OFFICER RESPONSE TO CHILD
SAFETY CHECK ALERT. (a) If a law enforcement [peace] officer
locates a child or other person listed on the Texas Crime
Information Center's child safety check alert list established
under Section 261.3022, Family Code, the officer shall:
(1) immediately contact the Department of Family and
Protective Services on the department's dedicated law-enforcement
telephone number for statewide intake;
(2) request information from the department regarding
the circumstances of the case involving the child or other person;
and
(3) request information from the child and the other
person regarding the child's safety, well-being, and current
residence.
(b) The law enforcement [peace] officer may temporarily
detain the child or other person to ensure the safety and well-being
of the child.
(c) If the law enforcement [peace] officer determines that
the circumstances described by Section 262.104, Family Code, exist,
the officer may take temporary possession of the child without a
court order as provided by Section 262.104, Family Code. If the law
enforcement [peace] officer does not take temporary possession of
the child, the officer shall obtain the child's current address and
any other relevant information and report that information to the
Department of Family and Protective Services.
(d) A law enforcement [peace] officer who locates a child or
other person listed on the Texas Crime Information Center's child
safety check alert list and who reports the child's or other
person's current address and other relevant information to the
Department of Family and Protective Services shall report to the
Texas Crime Information Center that the child or other person has
been located and to whom the child was released, as applicable.
(e) In this article, "law enforcement officer" means a peace
officer described by Article 2.12, a probation officer, a parole
officer, a correctional officer, or a jailer.
SECTION 2. Section 261.3023, Family Code, as amended by
Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted and amended to
read as follows:
Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
CHECK ALERT. If a law enforcement officer, as that term is defined
in Article 2.272, Code of Criminal Procedure, encounters a child or
other person[, including a child,] listed on the Texas Crime
Information Center's child safety check alert list, the law
enforcement officer shall follow the procedures described by
Article 2.272, Code of Criminal Procedure.
SECTION 3. Section 261.3024(a), Family Code, as amended by
Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted to read as
follows:
(a) A law enforcement officer who locates a child listed on
the Texas Crime Information Center's child safety check alert list
shall report that the child has been located in the manner
prescribed by Article 2.272, Code of Criminal Procedure.
SECTION 4. Section 1701.352, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (j) to read as
follows:
(b) The commission shall require a state, county, special
district, or municipal agency that appoints or employs peace
officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and
consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency
certificate, not more than 20 hours of education and training that
contain curricula incorporating the learning objectives developed
by the commission regarding:
(A) civil rights, racial sensitivity, and
cultural diversity;
(B) de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments; [and]
(C) unless determined by the agency head to be
inconsistent with the officer's assigned duties:
(i) the recognition and documentation of
cases that involve child abuse or neglect, family violence, and
sexual assault; and
(ii) issues concerning sex offender
characteristics; and
(D) appropriate use of and response to persons on
the child safety check alert list required by Section 261.3022,
Family Code.
(j) The commission shall collaborate with the Department of
Public Safety on the development of training materials for the
training required in Subsection (b)(2)(D).
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2017.