88R14213 MEW-D
By: Zaffirini S.B. No. 2276
A BILL TO BE ENTITLED
AN ACT
relating to requiring parental consent for peace officer interviews
of certain children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.36 to read as follows:
Art. 2.36. PARENTAL CONSENT REQUIRED FOR PEACE OFFICER
INTERVIEW OF CHILD. (a) A peace officer may not conduct an
interview with or otherwise question a child who is younger than 12
years of age for any purpose unless the peace officer has first
obtained the consent of the child's parent or legal guardian.
(b) Notwithstanding Section 51.095, Family Code, a
statement obtained in violation of this article is not admissible
as evidence in any proceeding concerning the matter about which the
statement was given.
SECTION 2. The change in law made by this Act applies only
to an interview or other questioning that occurs on or after the
effective date of this Act. An interview or other questioning that
occurs before the effective date of this Act is governed by the law
in effect on the date the interview or other questioning occurred,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.