Texas Statutes (Last Updated: January 4, 2014) |
CODE OF CRIMINAL PROCEDURE |
Title 1. CODE OF CRIMINAL PROCEDURE |
Chapter 45. JUSTICE AND MUNICIPAL COURTS |
Subchapter B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS |
Art. 45.059. CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF JUVENILE CURFEW OR ORDER |
(a) A peace officer taking into custody a person younger than 17 years of age for 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 person to the person's parent, guardian, or custodian; (2) take the person before a justice or municipal court to answer the charge; or (3) take the person to a place designated as a juvenile curfew processing office by the head of the law enforcement agency having custody of the person. (b) 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 person may not be secured physically to a cuffing rail, chair, desk, or stationary object; (3) the person may not be held longer than necessary to accomplish the purposes of identification, investigation, processing, release to a parent, guardian, or custodian, or arrangement of transportation to school or court; (4) a juvenile curfew processing office may not be designated or intended for residential purposes; (5) the person must be under continuous visual supervision by a peace officer or other person during the time the person is in the juvenile curfew processing office; and (6) a person may not be held in a juvenile curfew processing office for more than six hours. (c) 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 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001. |