| 1 | 1 | | 88R1928 MM-D |
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| 2 | 2 | | By: J. Johnson of Harris, Garcia H.B. No. 347 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to law enforcement agency policies regarding the placement |
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| 8 | 8 | | of a child taken into possession by a peace officer during the |
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| 9 | 9 | | arrest of a person. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.274 to read as follows: |
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| 13 | 13 | | Art. 2.274. POLICY REGARDING SAFE PLACEMENT OF CHILD. (a) |
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| 14 | 14 | | In this article, "law enforcement agency" has the meaning assigned |
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| 15 | 15 | | by Article 2.1386. |
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| 16 | 16 | | (b) Each law enforcement agency shall adopt a written policy |
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| 17 | 17 | | regarding the safe placement of a child who is in the care, custody, |
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| 18 | 18 | | or control of a person at the time the person is arrested. The |
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| 19 | 19 | | policy must require that: |
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| 20 | 20 | | (1) the arresting peace officer attempt to locate a |
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| 21 | 21 | | competent adult identified by the arrested person to whom the |
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| 22 | 22 | | officer may release the child; |
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| 23 | 23 | | (2) before releasing the child to an adult located |
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| 24 | 24 | | under Subdivision (1), the officer: |
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| 25 | 25 | | (A) search the relevant databases of the National |
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| 26 | 26 | | Crime Information Center system, including those pertaining to |
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| 27 | 27 | | protection orders, historical protection orders, warrants, sex |
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| 28 | 28 | | offender registries, and persons on supervised release to verify |
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| 29 | 29 | | that the person to whom the child is being released: |
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| 30 | 30 | | (i) does not have an outstanding warrant; |
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| 31 | 31 | | (ii) does not have a protective order |
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| 32 | 32 | | issued against the person; |
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| 33 | 33 | | (iii) is not registered as a sex offender; |
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| 34 | 34 | | and |
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| 35 | 35 | | (iv) has not previously been finally |
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| 36 | 36 | | convicted of any felony under Section 20A.03 or 21.02, Penal Code, |
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| 37 | 37 | | or listed in Article 42A.054(a); |
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| 38 | 38 | | (B) verify that the person to whom the child is |
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| 39 | 39 | | being released is at least 18 years of age; and |
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| 40 | 40 | | (C) collect information about the child's |
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| 41 | 41 | | placement to provide to the person who is arrested on the person's |
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| 42 | 42 | | release, including: |
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| 43 | 43 | | (i) identifying information about the |
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| 44 | 44 | | child, including the child's name and pseudonyms; and |
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| 45 | 45 | | (ii) the name and address of the person to |
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| 46 | 46 | | whom the child is being released; |
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| 47 | 47 | | (3) if after a reasonable period of time and a good |
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| 48 | 48 | | faith effort the officer does not locate a person described by |
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| 49 | 49 | | Subdivision (1), the officer may release the child to a safe living |
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| 50 | 50 | | arrangement determined under Subsection (c); and |
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| 51 | 51 | | (4) if after a reasonable period of time and a good |
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| 52 | 52 | | faith effort, the officer does not locate a safe living arrangement |
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| 53 | 53 | | determined under Subsection (c), the officer may release the child |
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| 54 | 54 | | to a representative of the victim services division or other |
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| 55 | 55 | | similar division within the law enforcement agency to arrange the |
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| 56 | 56 | | release of the child to the Department of Family and Protective |
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| 57 | 57 | | Services. |
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| 58 | 58 | | (c) Each law enforcement agency shall coordinate with |
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| 59 | 59 | | child-care providers, nonprofit organizations, and faith-based |
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| 60 | 60 | | entities in the agency's region to develop options for safe living |
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| 61 | 61 | | arrangements for a child who is in the care, custody, or control of |
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| 62 | 62 | | a person at the time the person is arrested and develop an agreement |
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| 63 | 63 | | that provides the procedures for the law enforcement agency to |
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| 64 | 64 | | release a child to the care of those entities. |
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| 65 | 65 | | SECTION 2. Not later than June 1, 2024, each law enforcement |
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| 66 | 66 | | agency in this state shall adopt the policy required by Article |
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| 67 | 67 | | 2.274, Code of Criminal Procedure, as added by this Act. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2023. |
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