| 1 | 1 | | 86R5954 ADM-D |
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| 2 | 2 | | By: White H.B. No. 1224 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice to the Department of Family and Protective |
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| 8 | 8 | | Services that a foster child has been arrested. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 15.172 to read as follows: |
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| 12 | 12 | | Art. 15.172. DUTY OF OFFICER TO NOTIFY DEPARTMENT OF FAMILY |
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| 13 | 13 | | AND PROTECTIVE SERVICES. (a) In this article, "foster child" has |
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| 14 | 14 | | the meaning assigned by Section 101.0134, Family Code. |
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| 15 | 15 | | (b) As soon as practicable after a peace officer arrests a |
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| 16 | 16 | | person younger than 18 years of age, but not later than 48 hours |
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| 17 | 17 | | after the arrest, the peace officer or the person having custody of |
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| 18 | 18 | | the arrested person shall make a report of the arrest to the |
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| 19 | 19 | | Department of Family and Protective Services and, in collaboration |
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| 20 | 20 | | with that department, shall determine whether the arrested person |
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| 21 | 21 | | is a foster child. |
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| 22 | 22 | | SECTION 2. Subchapter A, Chapter 264, Family Code, is |
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| 23 | 23 | | amended by adding Section 264.019 to read as follows: |
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| 24 | 24 | | Sec. 264.019. SERVICES PROVIDED TO ARRESTED FOSTER CHILD. |
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| 25 | 25 | | (a) The department, in consultation with the Department of Public |
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| 26 | 26 | | Safety, shall develop procedures under which the department reviews |
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| 27 | 27 | | reports of arrested persons that are received under Article 15.172, |
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| 28 | 28 | | Code of Criminal Procedure, as soon as practicable to determine |
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| 29 | 29 | | whether the person arrested is a foster child. |
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| 30 | 30 | | (b) If the department determines under Subsection (a) that |
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| 31 | 31 | | an arrested person is a foster child, the department shall provide |
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| 32 | 32 | | services to ensure that the foster child's interests are |
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| 33 | 33 | | represented during the criminal justice process. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 35 | | to a person arrested on or after the effective date of this Act. A |
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| 36 | 36 | | person arrested before the effective date of this Act is governed by |
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| 37 | 37 | | the law in effect on the date the person was arrested, and the |
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| 38 | 38 | | former law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2019. |
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