Text of article effective on January 01, 2025
Art. 45A.453.  CHILD TAKEN INTO CUSTODY.  (a)  In this article, "child" means a person who is:
(1)  at least 10 years of age and younger than 17 years of age; and
(2)  charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.
(b)  A child may be released to the child's parent, guardian, custodian, or other responsible adult as provided by Section 52.02(a)(1), Family Code, if the child is taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.
(c)  A child described by Subsection (b) must be taken only to a place previously designated by the head of the law enforcement agency with custody of the child as an appropriate place of nonsecure custody for children unless the child:
(1)  is released under Section 52.02(a)(1), Family Code; or
(2)  is taken before a justice or municipal court.
(d)  A place of nonsecure custody for children must be an unlocked, multipurpose area, such as:
(1)  a lobby, office, or interrogation room, if the area is not designated, set aside, or used as a secure detention area and is not part of a secure detention area; or
(2)  a juvenile processing office designated under Section 52.025, Family Code, if the area is not locked when the area is used as a place of nonsecure custody.
(e)  The following procedures shall be followed in a place of nonsecure custody for children:
(1)  a child may not be secured physically to a cuffing rail, chair, desk, or other stationary object;
(2)  a child may be held in the nonsecure facility only for the period necessary to complete:
(A)  identification;
(B)  investigation;
(C)  processing;
(D)  release to a parent, guardian, custodian, or other responsible adult; or
(E)  the arranging of transportation to the appropriate juvenile court, juvenile detention facility, secure detention facility, justice court, or municipal court;
(3)  residential use of the area is prohibited; and
(4)  a law enforcement officer or facility staff person shall provide continuous visual supervision of a child while the child is in nonsecure custody.
(f)  Notwithstanding any other provision of this article, a child may not be detained in a place of nonsecure custody for a period of more than six hours.
(g)  A child taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14 may be presented or detained in a detention facility designated by the juvenile board under Section 52.02(a)(3), Family Code, only if:
(1)  the child's case is transferred to the juvenile court by a justice or municipal court under Section 51.08(b), Family Code; or
(2)  the child is referred to the juvenile court by a justice or municipal court for contempt of court under Article 45A.461.
(h)  Except as provided by Subsection (i) and Section 37.143(a), Education Code, for a traffic offense or an offense punishable by fine only, a law enforcement officer may issue a citation as provided by Article 14.06 instead of taking a child into custody.
(i)  A law enforcement officer may issue a citation as provided by Article 14.06 instead of taking a child into custody for conduct constituting a violation of Section 49.02, Penal Code, only if the officer releases the child to the child's parent, guardian, custodian, or other responsible adult.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.