Bill Text: TX HB1115 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to law enforcement agency policies regarding the placement of a child taken into possession by a peace officer during a person's arrest and placement information provided to the person.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-22 - Committee report sent to Calendars [HB1115 Detail]
Download: Texas-2019-HB1115-Comm_Sub.html
| 86R15316 MCK-D | |||
| By: White | H.B. No. 1115 | ||
| Substitute the following for H.B. No. 1115: | |||
| By: Allen | C.S.H.B. No. 1115 | ||
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| relating to law enforcement agency policies regarding the placement | ||
| of a child taken into possession by a peace officer during a | ||
| person's arrest and placement information provided to the 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 an | ||
| adult authorized to be in possession of the child 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 adult: | ||
| (i) does not have an outstanding warrant; | ||
| (ii) does not have a protective order | ||
| issued against the adult; | ||
| (iii) is not registered as a sex offender | ||
| unless the person is the child's parent or guardian and there are no | ||
| restrictions regarding the person's contact with the child; 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); and | ||
| (B) verify that the adult is at least 18 years of | ||
| age; and | ||
| (3) the law enforcement agency periodically inform the | ||
| arrested person about the care and custody status of the person's | ||
| child. | ||
| (c) Each law enforcement agency shall enter into an | ||
| agreement with the Department of Family and Protective Services | ||
| that provides the procedures for the law enforcement agency to | ||
| release a child to the care of the department. | ||
| SECTION 2. Chapter 493, Government Code, is amended by | ||
| adding Section 493.032 to read as follows: | ||
| Sec. 493.032. INFORMATION ABOUT CHILD OF INCARCERATED | ||
| PARENT. The department shall periodically inform a person who is | ||
| confined in a facility operated by or under contract with the | ||
| department and is the parent of a child for whom the Department of | ||
| Family and Protective Services has been named temporary managing | ||
| conservator of the care and custody status of the person's child. | ||
| SECTION 3. Subchapter C, Chapter 40, Human Resources Code, | ||
| is amended by adding Section 40.074 to read as follows: | ||
| Sec. 40.074. INFORMATION ABOUT CHILD OF INCARCERATED | ||
| PARENT. (a) The department shall periodically inform the law | ||
| enforcement agency that arrested a person who is the parent of a | ||
| child for whom the department has been named temporary managing | ||
| conservator of the care and custody status of the person's child. | ||
| (b) If the law enforcement agency described by Subsection | ||
| (a) notifies the department that the arrested person is confined in | ||
| a county jail, the department shall periodically inform the | ||
| sheriff's office of the county in which the person is confined of | ||
| the care and custody status of the person's child. | ||
| (c) If the law enforcement agency described by Subsection | ||
| (a) notifies the department that the arrested person is confined in | ||
| a facility operated by or under contract with the Texas Department | ||
| of Criminal Justice, the department shall periodically inform the | ||
| Texas Department of Criminal Justice of the care and custody status | ||
| of the person's child. | ||
| SECTION 4. Subchapter C, Chapter 351, Local Government | ||
| Code, is amended by adding Section 351.048 to read as follows: | ||
| Sec. 351.048. INFORMATION ABOUT CHILD OF INCARCERATED | ||
| PARENT. The sheriff of a county shall periodically inform a person | ||
| who is confined in the county jail and is the parent of a child for | ||
| whom the Department of Family and Protective Services has been | ||
| named temporary managing conservator of the care and custody status | ||
| of the person's child. | ||
| SECTION 5. Not later than June 1, 2020, each law enforcement | ||
| agency in this state shall adopt the policy and enter into the | ||
| agreement required by Article 2.274, Code of Criminal Procedure, as | ||
| added by this Act. | ||
| SECTION 6. This Act takes effect September 1, 2019. | ||
