Texas House Bill HB1927

Texas 2023 - 88th Regular

• Filed: 2/3/23
• Out of House Committee: 4/18/23
• Voted on by House: 5/4/23

Caption

Relating to a parent's right to intervene in the apprehension by a peace officer of a child for an emergency detention and certain requirements and restrictions applicable to an emergency detention.

Impact

The bill aims to modify the existing laws under the Health and Safety Code by enhancing family rights during critical intervention scenarios involving minors. It prohibits the use of certain restraint devices on children aged ten and younger unless there is an imminent risk of harm. This adjustment seeks to protect the dignity and rights of young children during stressful law enforcement interactions and to promote the utilization of age-appropriate methods. The proposed changes are set to take effect shortly, thereby altering how emergency detentions are handled by law enforcement officers across Texas.

Summary

House Bill 1927 relates to a parent's right to intervene in the apprehension of a child by a peace officer for emergency detention and outlines specific requirements and restrictions pertaining to such emergencies. The bill allows parents or guardians to take custody of their child during emergency situations, thereby emphasizing the importance of family involvement in the treatment and care of minors. It mandates that peace officers must attempt to contact a child's parent or guardian before proceeding with an emergency detention and requires that all such interactions be documented to ensure transparency and accountability in the process.

Sentiment

The sentiment surrounding HB 1927 seems to be largely supportive among family advocacy groups and legislators concerned about children's rights. Proponents argue that the bill strengthens familial bonds during crises and safeguards the emotional well-being of children. Nonetheless, there are some apprehensions voiced by opponents, particularly from legal professionals and child welfare advocates, who worry that the bill might complicate emergency response activities or create additional burdens for law enforcement.

Contention

Notable points of contention during discussions included concerns regarding how the bill might affect actual police operations and the potential delays in critical situations if officers are mandated to contact a parent or guardian first. Some committee members expressed the need for clear definitions and guidelines in the application of the bill to ensure that it does not inadvertently hinder appropriate law enforcement action during emergencies. The debates reflected a broader concern around balancing child safety, mental health awareness, and the role of parents in crisis situations.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 573. Emergency Detention
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