Texas Code of Criminal Procedure - Article 45.059. Children Taken Into Custody For Violation Of Juvenile Curfew Or Order
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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.
Article: 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 45.203
Last modified: August 11, 2007
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