By: Huffman S.B. No. 1571
(Frullo)
A BILL TO BE ENTITLED
AN ACT
relating to the release of a child taken into possession by a law
enforcement officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.273 to read as follows:
Art. 2.273. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER.
(a) A law enforcement officer who takes possession of a child
under Section 262.104, Family Code, may release the child to:
(1) a residential child-care facility licensed by the
Department of Family and Protective Services under Chapter 42,
Human Resources Code, if the facility is authorized by the
department to take possession of the child;
(2) a juvenile probation department;
(3) the Department of Family and Protective Services;
or
(4) any other person authorized by law to take
possession of the child.
(b) Before a law enforcement officer may release a child to
a person authorized by law to take possession of the child other
than a governmental entity, the officer shall:
(1) verify with the National Crime Information Center
that the child is not a missing child;
(2) search the relevant databases of the National
Crime Information Center system, including those pertaining to
protection orders, historical protection orders, warrants, sex
offender registries, and persons on supervised release to:
(A) verify that the person to whom the child is
being released:
(i) does not have an outstanding warrant;
(ii) does not have a protective order
issued against the person; and
(iii) is not registered as a sex offender
unless the person is the child's parent or guardian and there are no
restrictions regarding the person's contact with the child; and
(B) obtain any other information the Department
of Family and Protective Services considers:
(i) relevant to protect the welfare of the
child; or
(ii) reflective of the responsibility of
the person to whom the child is being released;
(3) call the Department of Family and Protective
Services Texas Abuse Hotline to determine whether the person to
whom the child is being released is listed in the registry as a
person who abused or neglected a child;
(4) verify that the person to whom the child is being
released is at least 18 years of age; and
(5) maintain a record regarding the child's placement,
including:
(A) identifying information about the child,
including the child's name or pseudonyms; and
(B) the name and address of the person to whom the
child is being released.
SECTION 2. This Act takes effect September 1, 2017.