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.