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AN ACT
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relating to the delivery of a child taken into custody under the |
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juvenile justice system to a school official. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.02(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (c), a person taking a |
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child into custody, without unnecessary delay and without first |
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taking the child to any place other than a juvenile processing |
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office designated under Section 52.025, shall do one of the |
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following: |
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(1) release the child to a parent, guardian, custodian |
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of the child, or other responsible adult upon that person's promise |
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to bring the child before the juvenile court as requested by the |
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court; |
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(2) bring the child before the office or official |
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designated by the juvenile board if there is probable cause to |
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believe that the child engaged in delinquent conduct, conduct |
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indicating a need for supervision, or conduct that violates a |
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condition of probation imposed by the juvenile court; |
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(3) bring the child to a detention facility designated |
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by the juvenile board; |
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(4) bring the child to a secure detention facility as |
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provided by Section 51.12(j); |
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(5) bring the child to a medical facility if the child |
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is believed to suffer from a serious physical condition or illness |
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that requires prompt treatment; [or] |
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(6) dispose of the case under Section 52.03; or |
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(7) if school is in session and the child is a student, |
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bring the child to the school campus to which the child is assigned |
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if the principal, the principal's designee, or a peace officer |
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assigned to the campus agrees to assume responsibility for the |
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child for the remainder of the school day. |
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SECTION 2. Section 52.026(a), Family Code, is amended to |
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read as follows: |
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(a) It shall be the duty of the law enforcement officer who |
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has taken a child into custody to transport the child to the |
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appropriate detention facility or to the school campus to which the |
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child is assigned as provided by Section 52.02(a)(7) if the child is |
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not released to the parent, guardian, or custodian of the child. |
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SECTION 3. This Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 776 was passed by the House on April |
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4, 2007, by the following vote: Yeas 142, Nays 1, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 776 on May 17, 2007, by the following vote: Yeas 144, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 776 was passed by the Senate, with |
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I certify that H.B. No. 776 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |