Texas Family Code - Section 52.01. Taking Into Custody; Issuance Of Warning Notice
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§ 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING
NOTICE. (a) A child may be taken into custody:
(1) pursuant to an order of the juvenile court under
the provisions of this subtitle;
(2) pursuant to the laws of arrest;
(3) by a law-enforcement officer, including a school
district peace officer commissioned under Section 37.081,
Education Code, if there is probable cause to believe that the child
has engaged in:
(A) conduct that violates a penal law of this
state or a penal ordinance of any political subdivision of this
state;
(B) delinquent conduct or conduct indicating a
need for supervision; or
(C) conduct that violates a condition of
probation imposed by the juvenile court;
(4) by a probation officer if there is probable cause
to believe that the child has violated a condition of probation
imposed by the juvenile court;
(5) pursuant to a directive to apprehend issued as
provided by Section 52.015; or
(6) by a probation officer if there is probable cause
to believe that the child has violated a condition of release
imposed by the juvenile court or referee under Section 54.01.
(b) The taking of a child into custody is not an arrest
except for the purpose of determining the validity of taking him
into custody or the validity of a search under the laws and
constitution of this state or of the United States.
(c) A law-enforcement officer authorized to take a child
into custody under Subdivisions (2) and (3) of Subsection (a) of
this section may issue a warning notice to the child in lieu of
taking the child into custody if:
(1) guidelines for warning disposition have been
issued by the law-enforcement agency in which the officer works;
(2) the guidelines have been approved by the juvenile
board of the county in which the disposition is made;
(3) the disposition is authorized by the guidelines;
(4) the warning notice identifies the child and
describes the child's alleged conduct;
(5) a copy of the warning notice is sent to the child's
parent, guardian, or custodian as soon as practicable after
disposition; and
(6) a copy of the warning notice is filed with the
law-enforcement agency and the office or official designated by the
juvenile board.
(d) A warning notice filed with the office or official
designated by the juvenile board may be used as the basis of further
action if necessary.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1993, 73rd Leg., ch. 115, § 2, eff. May 11, 1993;
Acts 1995, 74th Leg., ch. 262, § 15, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 165, § 6.08, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1297, § 11, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, § 8, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch.
949, § 9, eff. Sept. 1, 2005.
Section: 51.13 51.151 51.17 51.18 51.19 51.20 51.21 52.01 52.015 52.0151 52.02 52.025 52.026 52.03 52.031
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Last modified: August 10, 2007
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