| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 85R8493 MM-F | |
| 2 | 2 | By: Frullo H.B. No. 4013 | |
| 3 | - | Substitute the following for H.B. No. 4013: | |
| 4 | - | By: Schaefer C.S.H.B. No. 4013 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to the release of a child taken into possession by a law | |
| 10 | - | enforcement officer. | |
| 8 | + | enforcement or juvenile probation officer. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Chapter 2, Code of Criminal Procedure, is | |
| 13 | 11 | amended by adding Article 2.273 to read as follows: | |
| 14 | - | Art. 2.273. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. | |
| 15 | - | (a) A law enforcement officer who takes possession of a child under | |
| 16 | - | Section 262.104, Family Code, may release the child to: | |
| 12 | + | Art. 2.273. RELEASE OF CHILD BY LAW ENFORCEMENT OR JUVENILE | |
| 13 | + | PROBATION OFFICER. (a) A law enforcement or juvenile probation | |
| 14 | + | officer who takes possession of a child under Section 262.104, | |
| 15 | + | Family Code, may release the child to: | |
| 17 | 16 | (1) a residential child-care facility licensed by the | |
| 18 | 17 | Department of Family and Protective Services under Chapter 42, | |
| 19 | 18 | Human Resources Code, if the facility is authorized by the | |
| 20 | 19 | department to take possession of the child; | |
| 21 | 20 | (2) a juvenile probation department; | |
| 22 | 21 | (3) the Department of Family and Protective Services; | |
| 23 | 22 | or | |
| 24 | 23 | (4) any other person authorized by law to take | |
| 25 | 24 | possession of the child. | |
| 26 | - | (b) Before a law enforcement officer | |
| 27 | - | a person authorized by law to take possession | |
| 28 | - | than a governmental entity, the officer shall: | |
| 25 | + | (b) Before a law enforcement or juvenile probation officer | |
| 26 | + | may release a child to a person authorized by law to take possession | |
| 27 | + | of the child other than a governmental entity, the officer shall: | |
| 29 | 28 | (1) verify with the National Crime Information Center | |
| 30 | 29 | that the child is not a missing child; | |
| 31 | 30 | (2) search the relevant databases of the National | |
| 32 | 31 | Crime Information Center system, including those pertaining to | |
| 33 | 32 | protection orders, historical protection orders, warrants, sex | |
| 34 | 33 | offender registries, and persons on supervised release to: | |
| 35 | 34 | (A) verify that the person to whom the child is | |
| 36 | 35 | being released: | |
| 37 | 36 | (i) does not have an outstanding warrant; | |
| 38 | 37 | (ii) does not have a protective order | |
| 39 | 38 | issued against the person; and | |
| 40 | - | (iii) is not registered as a sex offender | |
| 41 | - | unless the person is the child's parent or guardian and there are no | |
| 42 | - | restrictions regarding the person's contact with the child; and | |
| 39 | + | (iii) is not registered as a sex offender; | |
| 40 | + | and | |
| 43 | 41 | (B) obtain any other information the Department | |
| 44 | 42 | of Family and Protective Services considers: | |
| 45 | 43 | (i) relevant to protect the welfare of the | |
| 46 | 44 | child; or | |
| 47 | 45 | (ii) reflective of the responsibility of | |
| 48 | 46 | the person to whom the child is being released; | |
| 49 | - | (3) call the Department of Family and Protective | |
| 50 | - | Services Texas Abuse and Neglect hotline to determine whether the | |
| 51 | - | person to whom the child is being released is listed in the registry | |
| 52 | - | as a person who abused or neglected a child; | |
| 47 | + | (3) search the central registry of reported cases of | |
| 48 | + | child abuse or neglect established under Section 261.002, Family | |
| 49 | + | Code, to determine whether the person to whom the child is being | |
| 50 | + | released is listed in the registry as a person who abused or | |
| 51 | + | neglected a child; | |
| 53 | 52 | (4) verify that the person to whom the child is being | |
| 54 | 53 | released is at least 18 years of age; and | |
| 55 | - | (5) maintain a record regarding the child's placement, | |
| 56 | - | including: | |
| 54 | + | (5) complete a form prescribed by the Department of | |
| 55 | + | Family and Protective Services that contains information about the | |
| 56 | + | child's placement, including: | |
| 57 | 57 | (A) identifying information about the child, | |
| 58 | - | including the child's name | |
| 58 | + | including the child's name and pseudonyms; and | |
| 59 | 59 | (B) the name and address of the person to whom the | |
| 60 | 60 | child is being released. | |
| 61 | 61 | SECTION 2. This Act takes effect September 1, 2017. |