Text of article effective on January 01, 2025
Art. 45A.455.  CHILD TAKEN INTO CUSTODY FOR VIOLATION OF JUVENILE CURFEW OR ORDER.  (a)  In this article, "child" means a person who is younger than 17 years of age.
(b)  A peace officer taking a child into custody for a violation of a juvenile curfew ordinance of a municipality or order of the commissioners court of a county shall, without unnecessary delay:
(1)  release the child to the child's parent, guardian, or custodian;
(2)  take the child before a justice or municipal court to answer the charge; or
(3)  take the child to a place designated as a juvenile curfew processing office by the head of the law enforcement agency having custody of the child.
(c)  A juvenile curfew processing office must observe the following procedures:
(1)  the office must be an unlocked, multipurpose area that is not designated, set aside, or used as a secure detention area or part of a secure detention area;
(2)  the child may not be secured physically to a cuffing rail, chair, desk, or stationary object;
(3)  the child may not be held for a period longer than is necessary to complete:
(A)  identification;
(B)  investigation;
(C)  processing;
(D)  release to a parent, guardian, or custodian; or
(E)  arrangement of transportation to school or court;
(4)  the office may not be designated or intended for residential purposes;
(5)  a peace officer or other individual shall provide continuous visual supervision of a child while the child is in the office; and
(6)  a child may not be held in the office for a period of more than six hours.
(d)  A place designated under this article as a juvenile curfew processing office is not subject to the approval of the juvenile board having jurisdiction where the governmental entity is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.