| 1 | 1 | | 88R9722 MZM-D |
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| 2 | 2 | | By: Menéndez S.B. No. 2079 |
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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 peace officer reporting of suspected abuse, neglect, or |
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| 8 | 8 | | exploitation of an elderly person or a person with a disability to |
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| 9 | 9 | | the adult protective services division of the Department of Family |
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| 10 | 10 | | and Protective Services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 2.274 to read as follows: |
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| 14 | 14 | | Art. 2.274. PEACE OFFICER REPORTING OF SUSPECTED ABUSE, |
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| 15 | 15 | | NEGLECT, OR EXPLOITATION OF AN ELDERLY PERSON OR A PERSON WITH A |
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| 16 | 16 | | DISABILITY. (a) In this article, "abuse," "elderly person," |
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| 17 | 17 | | "exploitation," "neglect," and "person with a disability" have the |
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| 18 | 18 | | meanings assigned by Section 48.002, Human Resources Code. |
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| 19 | 19 | | (b) Except as provided by Subsection (d), on receipt of |
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| 20 | 20 | | information indicating that an elderly person or a person with a |
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| 21 | 21 | | disability has been the victim of abuse, neglect, or exploitation, |
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| 22 | 22 | | a peace officer shall immediately report the suspected abuse, |
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| 23 | 23 | | neglect, or exploitation to the adult protective services division |
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| 24 | 24 | | of the Department of Family and Protective Services. |
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| 25 | 25 | | (c) A report made under Subsection (b) shall include, if |
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| 26 | 26 | | known by the peace officer, information required under Section |
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| 27 | 27 | | 48.051(d), Human Resources Code. |
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| 28 | 28 | | (d) A peace officer is not required to report under |
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| 29 | 29 | | Subsection (b) if the information indicating the abuse, neglect, or |
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| 30 | 30 | | exploitation was provided to the peace officer by an employee of the |
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| 31 | 31 | | adult protective services division of the Department of Family and |
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| 32 | 32 | | Protective Services. |
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| 33 | 33 | | (e) A report made under this article satisfies the |
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| 34 | 34 | | requirement imposed under Section 48.051, Human Resources Code, |
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| 35 | 35 | | that a person report suspected abuse, neglect, or exploitation of |
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| 36 | 36 | | certain individuals to the Department of Family and Protective |
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| 37 | 37 | | Services. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2023. |
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