Texas Code of Criminal Procedure - Article 45.058. Children Taken Into Custody
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Art. 45.058. CHILDREN TAKEN INTO CUSTODY. (a) 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,
other than public intoxication.
(b) A child described by Subsection (a) 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.
(c) A place of nonsecure custody for children must be an
unlocked, multipurpose area. A lobby, office, or interrogation
room is suitable if the area is not designated, set aside, or used
as a secure detention area and is not part of a secure detention
area. A place of nonsecure custody may be a juvenile processing
office designated under Section 52.025, Family Code, if the area is
not locked when it is used as a place of nonsecure custody.
(d) 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) the child may be held in the nonsecure facility only
long enough to accomplish the purpose of identification,
investigation, processing, release to parents, or 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) the child shall be under continuous visual supervision
by a law enforcement officer or facility staff person during the
time the child is in nonsecure custody.
(e) Notwithstanding any other provision of this article, a
child may not, under any circumstances, be detained in a place of
nonsecure custody for more than six hours.
(f) A child taken into custody for an offense that a justice
or municipal court has jurisdiction of under Article 4.11 or 4.14,
other than public intoxication, may be presented or detained in a
detention facility designated by the juvenile court under Section
52.02(a)(3), Family Code, only if:
(1) the child's non-traffic 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 45.050.
(g) A law enforcement officer may issue a field release
citation as provided by Article 14.06 in place of taking a child
into custody for a traffic offense or an offense, other than public
intoxication, punishable by fine only.
(h) 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.
Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Article: 45.0511 45.052 45.053 45.054 45.055 45.056 45.057 45.058 45.059 45.060 45.101 45.102 45.103 45.201 45.202
Last modified: August 11, 2007
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