Texas 2021 - 87th Regular

Texas Senate Bill SB451 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5319 MM-D
2	2	By: West S.B. No. 451
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of a child taken into possession by a law
8	8	enforcement officer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.273, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 2.273. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER.
13	13	(a) Unless it is inconsistent with the health and safety of the
14	14	child, a [A] law enforcement officer who takes possession of a child
15	15	under Section 262.104, Family Code, shall use due diligence to
16	16	arrange for the release of the child to the child's parent, legal
17	17	guardian, or parent's or legal guardian's designee. Subject to
18	18	Subsection (b), if a parent, legal guardian, or parent's or legal
19	19	guardian's designee is not available to take immediate possession
20	20	of the child, the officer may release the child to:
21	21	(1) a residential child-care facility licensed by the
22	22	Health and Human Services Commission [Department of Family and
23	23	Protective Services] under Chapter 42, Human Resources Code, if the
24	24	facility is authorized by the commission [department] to take
25	25	possession of the child;
26	26	(2) a juvenile probation department;
27	27	(3) the Department of Family and Protective Services;
28	28	or
29	29	(4) any other person authorized by law to take
30	30	possession of the child.
31	31	(b) Before a law enforcement officer may release a child
32	32	under this article, the officer shall verify with the National
33	33	Crime Information Center that the child is not a missing child.
34	34	(c) Before a law enforcement officer may release a child
35	35	under this article to a person [authorized by law to take possession
36	36	of the child] other than a governmental entity or a residential
37	37	child-care facility described by Subsection (a)(1), the officer
38	38	shall:
39	39	(1) [verify with the National Crime Information Center
40	40	that the child is not a missing child;
41	41	[(2)] search the relevant databases of the National
42	42	Crime Information Center system, including those pertaining to
43	43	protection orders, historical protection orders, warrants, sex
44	44	offender registries, and persons on supervised release to:
45	45	(A) verify that the person to whom the child is
46	46	being released:
47	47	(i) does not have a protective order issued
48	48	against the person; and
49	49	(ii) is not registered as a sex offender
50	50	unless the person is the child's parent or guardian and there are no
51	51	restrictions regarding the person's contact with the child; and
52	52	(B) obtain any other information the Department
53	53	of Family and Protective Services considers:
54	54	(i) relevant to protect the welfare of the
55	55	child; or
56	56	(ii) reflective of the responsibility of
57	57	the person to whom the child is being released;
58	58	(2) [(3)] call the Department of Family and Protective
59	59	Services Statewide Intake Texas Abuse Hotline to request that a
60	60	child abuse or neglect history check be completed on [determine
61	61	whether] the person to whom the child is being released [is listed
62	62	in the registry as a person who abused or neglected a child];
63	63	(3) [(4)] verify that the person to whom the child is
64	64	being released is at least 18 years of age; and
65	65	(4) [(5)] maintain a record regarding the child's
66	66	placement, including:
67	67	(A) identifying information about the child,
68	68	including the child's name or pseudonyms; and
69	69	(B) the name and address of the person to whom the
70	70	child is being released.
71	71	(d) Not later than September 1 of each even-numbered year,
72	72	the Department of Family and Protective Services shall report to
73	73	the legislature regarding:
74	74	(1) the number of children released to the department
75	75	in accordance with this article and Article 2.274; and
76	76	(2) any impact on the department related to the
77	77	release of children described by Subdivision (1).
78	78	SECTION 2. Chapter 2, Code of Criminal Procedure, is
79	79	amended by adding Article 2.274 to read as follows:
80	80	Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD ON
81	81	ARREST OF ADULT EXERCISING CARE, CUSTODY, OR CONTROL OF CHILD. (a)
82	82	In this article, "law enforcement agency" has the meaning assigned
83	83	by Article 2.1386.
84	84	(b) Each law enforcement agency shall adopt a written policy
85	85	in accordance with Article 2.273 regarding the safe placement of a
86	86	child who is in the care, custody, or control of a person at the time
87	87	the person is arrested.
88	88	SECTION 3. Article 63.009(g), Code of Criminal Procedure,
89	89	is amended to read as follows:
90	90	(g) Unless contrary to the health and safety of the child,
91	91	on [On] determining the location of a child who is the subject of a
92	92	report under Subsection (a)(1) or (2), other than a child who is
93	93	subject to the continuing jurisdiction of a district court, an
94	94	officer shall take possession of the child and shall exercise due
95	95	diligence to arrange for the release of the child to the child's
96	96	parent, legal guardian, or parent's or legal guardian's designee,
97	97	including following the procedure described by Article 2.273(b)
98	98	[deliver or arrange for the delivery of the child to a person
99	99	entitled to possession of the child]. Subject to Article
100	100	2.273(b)(1), if a parent, legal guardian, or parent's or legal
101	101	guardian's designee is not available to take immediate possession
102	102	of the child [If the person entitled to possession of the child is
103	103	not immediately available], the law enforcement officer shall
104	104	release [deliver] the child to the Department of Family and
105	105	Protective [and Regulatory] Services.
106	106	SECTION 4. Section 262.007(a), Family Code, is amended to
107	107	read as follows:
108	108	(a) A law enforcement officer [who], during a criminal
109	109	investigation relating to a child's custody, shall verify with the
110	110	National Crime Information Center that the child is not a missing
111	111	child. An officer who discovers that a child is a missing child and
112	112	believes that a person may flee with or conceal the child shall take
113	113	possession of the child and provide for the delivery of the child as
114	114	provided by Subsection (b).
115	115	SECTION 5. Not later than June 1, 2022, each law enforcement
116	116	agency in this state shall adopt the policy required by Article
117	117	2.274, Code of Criminal Procedure, as added by this Act.
118	118	SECTION 6. This Act takes effect September 1, 2021.