88R1928 MM-D
By: J. Johnson of Harris, Garcia H.B. No. 347
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) verify that the person to whom the child is
being released is at least 18 years of age; and
(C) collect information about the child's
placement to provide to the person who is arrested on the person's
release, 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;
(3) if after a reasonable period of time and a good
faith effort the officer does not locate a person described by
Subdivision (1), the officer may release the child to a safe living
arrangement determined under Subsection (c); and
(4) if after a reasonable period of time and a good
faith effort, the officer does not locate a safe living arrangement
determined under Subsection (c), the officer may 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 coordinate with
child-care providers, nonprofit organizations, and faith-based
entities in the agency's region to develop options for safe living
arrangements for a child who is in the care, custody, or control of
a person at the time the person is arrested and develop an agreement
that provides the procedures for the law enforcement agency to
release a child to the care of those entities.
SECTION 2. Not later than June 1, 2024, each law enforcement
agency in this state shall adopt the policy required by Article
2.274, Code of Criminal Procedure, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.