86R15461 ADM-F
By: Rose H.B. No. 3526
A BILL TO BE ENTITLED
AN ACT
relating to the duties of and training for certain officers and
jailers regarding 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] RESPONSE TO CHILD SAFETY
CHECK ALERT. (a) If an [a 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 [peace] officer may temporarily detain the child or
other person to ensure the safety and well-being of the child.
(c) If the [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 [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) An [A 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, "officer" means:
(1) a peace officer;
(2) a parole officer, as defined by Section 508.001,
Government Code;
(3) a juvenile probation officer, juvenile
supervision officer, juvenile correctional officer, or juvenile
parole officer;
(4) a supervision officer, as defined by Article
42A.001; and
(5) a county jailer, as defined by Section 1701.001,
Occupations Code.
SECTION 2. Section 261.3023, Family Code, is amended to
read as follows:
Sec. 261.3023. [LAW ENFORCEMENT] RESPONSE TO CHILD SAFETY
CHECK ALERT. If an [a law enforcement] officer, as defined by
Article 2.272, Code of Criminal Procedure, encounters a child or
other person listed on the Texas Crime Information Center's child
safety check alert list, the [law enforcement] officer shall follow
the procedures described by that article [Article 2.272, Code of
Criminal Procedure].
SECTION 3. Sections 261.3024(a) and (b), Family Code, are
amended to read as follows:
(a) An [A law enforcement] officer, as defined by Article
2.272, Code of Criminal Procedure, 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 that article [Article 2.272, Code of Criminal
Procedure].
(b) If the department locates a child who has been placed on
the child safety check alert list established under Section
261.3022 through a means other than information reported to the
department by an [a law enforcement] officer under Article 2.272,
Code of Criminal Procedure, the department shall report to the
Texas Crime Information Center that the child has been located.
SECTION 4. Section 261.3025(b), Family Code, is amended to
read as follows:
(b) The report must include the following information for
the preceding calendar year:
(1) the number of peace [law enforcement] officers who
completed the training program established under Section 1701.266,
Occupations Code;
(2) the number of children who have been placed on the
child safety check alert list and the number of those children who
have been located; and
(3) the number of families who have been placed on the
child safety check alert list and the number of those families who
have been located.
SECTION 5. Section 76.005, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) To be eligible for appointment as an officer who
supervises defendants placed on community supervision a person must
complete a training course on the Texas Crime Information Center's
child safety check alert list that is substantially similar to the
education and training program established under Section 1701.266,
Occupations Code.
SECTION 6. Subchapter D, Chapter 508, Government Code, is
amended by adding Section 508.11411 to read as follows:
Sec. 508.11411. SPECIALIZED TRAINING; CHILD SAFETY CHECK
ALERT LIST. The department shall develop and provide specialized
training for parole officers on the Texas Crime Information
Center's child safety check alert list. The training must be
substantially similar to the education and training program
established under Section 1701.266, Occupations Code.
SECTION 7. Subchapter A, Chapter 221, Human Resources Code,
is amended by adding Section 221.0062 to read as follows:
Sec. 221.0062. CHILD SAFETY CHECK ALERT LIST TRAINING. The
department shall provide training on the Texas Crime Information
Center's child safety check alert list during the preservice
training the department provides for juvenile probation officers,
juvenile supervision officers, juvenile correctional officers, and
juvenile parole officers. The training must be substantially
similar to the education and training program established under
Section 1701.266, Occupations Code.
SECTION 8. Section 1701.253, Occupations Code, is amended
by adding Subsection (p) to read as follows:
(p) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the education and
training program on the Texas Crime Information Center's child
safety check alert list developed under Section 1701.266(a). An
officer shall complete the program not later than the second
anniversary of the date the officer is licensed under this chapter
unless the officer completes the program as part of the officer's
basic training course.
SECTION 9. Section 1701.266, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The commission by rule may require a county that
appoints or employs a county jailer to provide the jailer with
training that is substantially similar to the education and
training program established under this section.
SECTION 10. Not later than December 31, 2019, the Texas
Commission on Law Enforcement shall adopt the rules necessary to
implement Section 1701.253(p), Occupations Code, as added by this
Act, and Section 1701.266, Occupations Code, as amended by this
Act.
SECTION 11. This Act takes effect September 1, 2019.