Texas 2017 - 85th Regular

Texas Senate Bill SB1571 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1571
	1	+	By: Huffman S.B. No. 1571
	2	+	(Frullo)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the release of a child taken into possession by a law
6	8		enforcement officer.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Chapter 2, Code of Criminal Procedure, is
9	11		amended by adding Article 2.273 to read as follows:
10	12		Art. 2.273. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER.
11	13		(a) A law enforcement officer who takes possession of a child
12	14		under Section 262.104, Family Code, may release the child to:
13	15		(1) a residential child-care facility licensed by the
14	16		Department of Family and Protective Services under Chapter 42,
15	17		Human Resources Code, if the facility is authorized by the
16	18		department to take possession of the child;
17	19		(2) a juvenile probation department;
18	20		(3) the Department of Family and Protective Services;
19	21		or
20	22		(4) any other person authorized by law to take
21	23		possession of the child.
22	24		(b) Before a law enforcement officer may release a child to
23	25		a person authorized by law to take possession of the child other
24	26		than a governmental entity, the officer shall:
25	27		(1) verify with the National Crime Information Center
26	28		that the child is not a missing child;
27	29		(2) search the relevant databases of the National
28	30		Crime Information Center system, including those pertaining to
29	31		protection orders, historical protection orders, warrants, sex
30	32		offender registries, and persons on supervised release to:
31	33		(A) verify that the person to whom the child is
32	34		being released:
33		-	(i) does not have a protective order issued
34		-	against the person; and
35		-	(ii) is not registered as a sex offender
	35	+	(i) does not have an outstanding warrant;
	36	+	(ii) does not have a protective order
	37	+	issued against the person; and
	38	+	(iii) is not registered as a sex offender
36	39		unless the person is the child's parent or guardian and there are no
37	40		restrictions regarding the person's contact with the child; and
38	41		(B) obtain any other information the Department
39	42		of Family and Protective Services considers:
40	43		(i) relevant to protect the welfare of the
41	44		child; or
42	45		(ii) reflective of the responsibility of
43	46		the person to whom the child is being released;
44	47		(3) call the Department of Family and Protective
45	48		Services Texas Abuse Hotline to determine whether the person to
46	49		whom the child is being released is listed in the registry as a
47	50		person who abused or neglected a child;
48	51		(4) verify that the person to whom the child is being
49	52		released is at least 18 years of age; and
50	53		(5) maintain a record regarding the child's placement,
51	54		including:
52	55		(A) identifying information about the child,
53	56		including the child's name or pseudonyms; and
54	57		(B) the name and address of the person to whom the
55	58		child is being released.
56	59		SECTION 2. This Act takes effect September 1, 2017.
57		-	______________________________ ______________________________
58		-	President of the Senate Speaker of the House
59		-	I hereby certify that S.B. No. 1571 passed the Senate on
60		-	April 26, 2017, by the following vote: Yeas 31, Nays 0; and that
61		-	the Senate concurred in House amendment on May 26, 2017, by the
62		-	following vote: Yeas 31, Nays 0.
63		-	______________________________
64		-	Secretary of the Senate
65		-	I hereby certify that S.B. No. 1571 passed the House, with
66		-	amendment, on May 19, 2017, by the following vote: Yeas 144,
67		-	Nays 0, two present not voting.
68		-	______________________________
69		-	Chief Clerk of the House
70		-	Approved:
71		-	______________________________
72		-	Date
73		-	______________________________
74		-	Governor