| 1 | 1 | | 88R14213 MEW-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2276 |
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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 requiring parental consent for peace officer interviews |
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| 8 | 8 | | of certain children. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.36 to read as follows: |
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| 12 | 12 | | Art. 2.36. PARENTAL CONSENT REQUIRED FOR PEACE OFFICER |
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| 13 | 13 | | INTERVIEW OF CHILD. (a) A peace officer may not conduct an |
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| 14 | 14 | | interview with or otherwise question a child who is younger than 12 |
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| 15 | 15 | | years of age for any purpose unless the peace officer has first |
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| 16 | 16 | | obtained the consent of the child's parent or legal guardian. |
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| 17 | 17 | | (b) Notwithstanding Section 51.095, Family Code, a |
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| 18 | 18 | | statement obtained in violation of this article is not admissible |
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| 19 | 19 | | as evidence in any proceeding concerning the matter about which the |
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| 20 | 20 | | statement was given. |
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| 21 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 22 | 22 | | to an interview or other questioning that occurs on or after the |
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| 23 | 23 | | effective date of this Act. An interview or other questioning that |
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| 24 | 24 | | occurs before the effective date of this Act is governed by the law |
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| 25 | 25 | | in effect on the date the interview or other questioning occurred, |
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| 26 | 26 | | and the former law is continued in effect for that purpose. |
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| 27 | 27 | | SECTION 3. This Act takes effect September 1, 2023. |
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