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.
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