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Texas Family Code - Section 58.0021. Fingerprints Or Photographs For Comparison In Investigation

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 58.0021. Fingerprints Or Photographs For Comparison In Investigation

§ 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN 
INVESTIGATION.  (a) A law enforcement officer may take temporary 
custody of a child to take the child's fingerprints if:
		(1)  the officer has probable cause to believe that the 
child has engaged in delinquent conduct;
		(2)  the officer has investigated that conduct and has 
found other fingerprints during the investigation;  and
		(3)  the officer has probable cause to believe that the 
child's fingerprints will match the other fingerprints.
	(b)  A law enforcement officer may take temporary custody of 
a child to take the child's photograph if:
		(1)  the officer has probable cause to believe that the 
child has engaged in delinquent conduct;  and
		(2)  the officer has probable cause to believe that the 
child's photograph will be of material assistance in the 
investigation of that conduct.
	(c)  Temporary custody for the purpose described by 
Subsection (a) or (b):   
		(1)  is not a taking into custody under Section 52.01;  
and                 
		(2)  may not be reported to the juvenile justice 
information system under Subchapter B.
	(d)  If a law enforcement officer does not take the child 
into custody under Section 52.01, the child shall be released from 
temporary custody authorized under this section as soon as the 
fingerprints or photographs are obtained.
	(e)  A law enforcement officer who under this section obtains 
fingerprints or photographs from a child shall:
		(1)  immediately destroy them if they do not lead to a 
positive comparison or identification;  and
		(2)  make a reasonable effort to notify the child's 
parent, guardian, or custodian of the action taken.
	(f)  A law enforcement officer may under this section obtain 
fingerprints or photographs from a child at:
		(1)  a juvenile processing office;  or                                        
		(2)  a location that affords reasonable privacy to the 
child.               

Added by Acts 2001, 77th Leg., ch. 1297, § 35, eff. Sept. 1, 
2001.       

Last modified: August 11, 2007