87R4704 MM-D
By: J. Johnson of Harris H.B. No. 2650
A BILL TO BE ENTITLED
AN ACT
relating to law enforcement agency policies regarding the placement
of a child taken into possession by a peace officer during the
arrest of a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.274 to read as follows:
Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a)
In this article, "law enforcement agency" has the meaning assigned
by Article 2.1386.
(b) Each law enforcement agency shall adopt a written policy
regarding the safe placement of a child who is in the care, custody,
or control of a person at the time the person is arrested. The
policy must require that:
(1) the arresting peace officer attempt to locate a
competent adult identified by the arrested person to whom the
officer may release the child;
(2) before releasing the child to an adult located
under Subdivision (1), the officer:
(A) 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 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;
(iii) is not registered as a sex offender;
and
(iv) has not previously been finally
convicted of any felony under Section 20A.03 or 21.02, Penal Code,
or listed in Article 42A.054(a);
(B) contact the Department of Family and
Protective Services to search the central registry of reported
cases of child abuse or neglect established under Section 261.002,
Family Code, to verify that the person to whom the child is being
released is not listed in the registry as a person who abused or
neglected a child;
(C) verify that the person to whom the child is
being released is at least 18 years of age; and
(D) complete a form prescribed by the Department
of Family and Protective Services that contains information about
the child's placement, including:
(i) identifying information about the
child, including the child's name and pseudonyms; and
(ii) the name and address of the person to
whom the child is being released; and
(3) if after a reasonable period of time the officer
does not locate a competent adult, the officer release the child to
a representative of the victim services division or other similar
division within the law enforcement agency to arrange the release
of the child to the Department of Family and Protective Services.
(c) Each law enforcement agency shall enter into an
agreement with the Department of Family and Protective Services
that provides the procedures for the law enforcement agency to
release a child to the care of the department.
SECTION 2. Not later than June 1, 2022, each law enforcement
agency in this state shall adopt the policy and enter into the
agreement required by Article 2.274, Code of Criminal Procedure, as
added by this Act.
SECTION 3. This Act takes effect September 1, 2021.