85R13020 MCK-F By: Rose H.B. No. 3942 A BILL TO BE ENTITLED AN ACT relating to the protection of certain children through the operation of the child safety check alert list and training for law enforcement officers relating to the child safety check alert list. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.272, Code of Criminal Procedure, is amended to read as follows: Art. 2.272. LAW ENFORCEMENT OFFICER RESPONSE TO CHILD SAFETY CHECK ALERT. (a) If a law enforcement [peace] officer locates a child or other person listed on the Texas Crime Information Center's child safety check alert list established under Section 261.3022, Family Code, the officer shall: (1) immediately contact the Department of Family and Protective Services on the department's dedicated law-enforcement telephone number for statewide intake; (2) request information from the department regarding the circumstances of the case involving the child or other person; and (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. (b) The law enforcement [peace] officer may temporarily detain the child or other person to ensure the safety and well-being of the child. (c) If the law enforcement [peace] officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by Section 262.104, Family Code. If the law enforcement [peace] officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services. (d) A law enforcement [peace] officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the Department of Family and Protective Services shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable. (e) In this article, "law enforcement officer" means a peace officer described by Article 2.12, a probation officer, a parole officer, a correctional officer, or a jailer. SECTION 2. Section 261.3023, Family Code, as amended by Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows: Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. If a law enforcement officer, as that term is defined in Article 2.272, Code of Criminal Procedure, encounters a child or other person[, including a child,] listed on the Texas Crime Information Center's child safety check alert list, the law enforcement officer shall follow the procedures described by Article 2.272, Code of Criminal Procedure. SECTION 3. Section 261.3024(a), Family Code, as amended by Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th Legislature, Regular Session, 2015, is reenacted to read as follows: (a) A law enforcement officer who locates a child listed on the Texas Crime Information Center's child safety check alert list shall report that the child has been located in the manner prescribed by Article 2.272, Code of Criminal Procedure. SECTION 4. Section 1701.352, Occupations Code, is amended by amending Subsection (b) and adding Subsection (j) to read as follows: (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of: (1) topics selected by the agency; and (2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding: (A) civil rights, racial sensitivity, and cultural diversity; (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; [and] (C) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and (ii) issues concerning sex offender characteristics; and (D) appropriate use of and response to persons on the child safety check alert list required by Section 261.3022, Family Code. (j) The commission shall collaborate with the Department of Public Safety on the development of training materials for the training required in Subsection (b)(2)(D). SECTION 5. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 6. This Act takes effect September 1, 2017.