Bill Text: TX HB347 | 2023-2024 | 88th 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 the arrest of a person.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-05-10 - Placed on General State Calendar [HB347 Detail]
Download: Texas-2023-HB347-Comm_Sub.html
| 88R1928 MM-D | ||
| By: J. Johnson of Harris, Garcia | H.B. No. 347 | |
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| relating to law enforcement agency policies regarding the placement | ||
| of a child taken into possession by a peace officer during the | ||
| arrest of a 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 a | ||
| competent adult identified by the arrested person 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 person to whom the child is being released: | ||
| (i) does not have an outstanding warrant; | ||
| (ii) does not have a protective order | ||
| issued against the person; | ||
| (iii) is not registered as a sex offender; | ||
| 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); | ||
| (B) verify that the person to whom the child is | ||
| being released is at least 18 years of age; and | ||
| (C) collect information about the child's | ||
| placement to provide to the person who is arrested on the person's | ||
| release, including: | ||
| (i) identifying information about the | ||
| child, including the child's name and pseudonyms; and | ||
| (ii) the name and address of the person to | ||
| whom the child is being released; | ||
| (3) if after a reasonable period of time and a good | ||
| faith effort the officer does not locate a person described by | ||
| Subdivision (1), the officer may release the child to a safe living | ||
| arrangement determined under Subsection (c); and | ||
| (4) if after a reasonable period of time and a good | ||
| faith effort, the officer does not locate a safe living arrangement | ||
| determined under Subsection (c), the officer may release the child | ||
| to a representative of the victim services division or other | ||
| similar division within the law enforcement agency to arrange the | ||
| release of the child to the Department of Family and Protective | ||
| Services. | ||
| (c) Each law enforcement agency shall coordinate with | ||
| child-care providers, nonprofit organizations, and faith-based | ||
| entities in the agency's region to develop options for safe living | ||
| arrangements for a child who is in the care, custody, or control of | ||
| a person at the time the person is arrested and develop an agreement | ||
| that provides the procedures for the law enforcement agency to | ||
| release a child to the care of those entities. | ||
| SECTION 2. Not later than June 1, 2024, each law enforcement | ||
| agency in this state shall adopt the policy required by Article | ||
| 2.274, Code of Criminal Procedure, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
