Texas 2021 - 87th Regular

Texas House Bill HB2650 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R18025~~ MM-D
	1	+	87R4704 MM-D
2	2		By: J. Johnson of Harris H.B. No. 2650
3		-	Substitute the following for H.B. No. 2650:
4		-	By: White C.S.H.B. No. 2650
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to law enforcement agency policies regarding the placement
10	8		of a child taken into possession by a peace officer during the
11	9		arrest of a person.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Chapter 2, Code of Criminal Procedure, is
14	12		amended by adding Article 2.274 to read as follows:
15	13		Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a)
16	14		In this article, "law enforcement agency" has the meaning assigned
17	15		by Article 2.1386.
18	16		(b) Each law enforcement agency shall adopt a written policy
19	17		regarding the safe placement of a child who is in the care, custody,
20	18		or control of a person at the time the person is arrested. The
21	19		policy must require that:
22	20		(1) the arresting peace officer attempt to locate a
23	21		competent adult identified by the arrested person to whom the
24	22		officer may release the child;
25	23		(2) before releasing the child to an adult located
26	24		under Subdivision (1), the officer:
27	25		(A) search the relevant databases of the National
28	26		Crime Information Center system, including those pertaining to
29	27		protection orders, historical protection orders, warrants, sex
30	28		offender registries, and persons on supervised release to verify
31	29		that the person to whom the child is being released:
32	30		(i) does not have an outstanding warrant;
33	31		(ii) does not have a protective order
34	32		issued against the person;
35	33		(iii) is not registered as a sex offender;
36	34		and
37	35		(iv) has not previously been finally
38	36		convicted of any felony under Section 20A.03 or 21.02, Penal Code,
39	37		or listed in Article 42A.054(a);
40		-	(B) verify that the person to whom the child is
	38	+	(B) contact the Department of Family and
	39	+	Protective Services to search the central registry of reported
	40	+	cases of child abuse or neglect established under Section 261.002,
	41	+	Family Code, to verify that the person to whom the child is being
	42	+	released is not listed in the registry as a person who abused or
	43	+	neglected a child;
	44	+	(C) verify that the person to whom the child is
41	45		being released is at least 18 years of age; and
42		-	(C) ~~collect information about~~ the ~~child's~~
43		-	~~placement to provide to the person who is arrested on the person's~~
44		-	~~release~~, including:
	46	+	(D) complete a form prescribed by the Department
	47	+	of Family and Protective Services that contains information about
	48	+	the child's placement, including:
45	49		(i) identifying information about the
46	50		child, including the child's name and pseudonyms; and
47	51		(ii) the name and address of the person to
48		-	whom the child is being released;
49		-	(3) if after a reasonable period of time and a good
50		-	faith effort the officer does not locate a person described by
51		-	Subdivision (1), the officer may release the child to a safe living
52		-	arrangement determined under Subsection (c); and
53		-	(4) if after a reasonable period of time and a good
54		-	faith effort, the officer does not locate a safe living arrangement
55		-	determined under Subsection (c), the officer may release the child
56		-	to a representative of the victim services division or other
57		-	similar division within the law enforcement agency to arrange the
58		-	release of the child to the Department of Family and Protective
59		-	Services.
60		-	(c) Each law enforcement agency shall coordinate with
61		-	child-care providers, nonprofit organizations, and faith-based
62		-	entities in the agency's region to develop options for safe living
63		-	arrangements for a child who is in the care, custody, or control of
64		-	a person at the time the person is arrested and develop an agreement
	52	+	whom the child is being released; and
	53	+	(3) if after a reasonable period of time the officer
	54	+	does not locate a competent adult, the officer release the child to
	55	+	a representative of the victim services division or other similar
	56	+	division within the law enforcement agency to arrange the release
	57	+	of the child to the Department of Family and Protective Services.
	58	+	(c) Each law enforcement agency shall enter into an
	59	+	agreement with the Department of Family and Protective Services
65	60		that provides the procedures for the law enforcement agency to
66		-	release a child to the care of ~~those entities~~.
	61	+	release a child to the care of the department.
67	62		SECTION 2. Not later than June 1, 2022, each law enforcement
68		-	agency in this state shall adopt the policy required by Article
69		-	2.274, Code of Criminal Procedure, as added by this Act.
	63	+	agency in this state shall adopt the policy and enter into the
	64	+	agreement required by Article 2.274, Code of Criminal Procedure, as
	65	+	added by this Act.
70	66		SECTION 3. This Act takes effect September 1, 2021.