85R17622 MM-F     By: Frullo H.B. No. 4013     Substitute the following for H.B. No. 4013:     By:  Schaefer C.S.H.B. No. 4013       A BILL TO BE ENTITLED   AN ACT   relating to the release of a child taken into possession by a law   enforcement officer.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 2, Code of Criminal Procedure, is   amended by adding Article 2.273 to read as follows:          Art. 2.273.  RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER.   (a)  A law enforcement officer who takes possession of a child under   Section 262.104, Family Code, may release the child to:                (1)  a residential child-care facility licensed by the   Department of Family and Protective Services under Chapter 42,   Human Resources Code, if the facility is authorized by the   department to take possession of the child;                (2)  a juvenile probation department;                (3)  the Department of Family and Protective Services;   or                (4)  any other person authorized by law to take   possession of the child.          (b)  Before a law enforcement officer may release a child to   a person authorized by law to take possession of the child other   than a governmental entity, the officer shall:                (1)  verify with the National Crime Information Center   that the child is not a missing child;                (2)  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:                      (A)  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; and                            (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                      (B)  obtain any other information the Department   of Family and Protective Services considers:                            (i)  relevant to protect the welfare of the   child; or                            (ii)  reflective of the responsibility of   the person to whom the child is being released;                (3)  call the Department of Family and Protective   Services Texas Abuse and Neglect hotline to determine whether the   person to whom the child is being released is listed in the registry   as a person who abused or neglected a child;                (4)  verify that the person to whom the child is being   released is at least 18 years of age; and                (5)  maintain a record regarding the child's placement,   including:                      (A)  identifying information about the child,   including the child's name or pseudonyms; and                      (B)  the name and address of the person to whom the   child is being released.          SECTION 2.  This Act takes effect September 1, 2017.