Restraint Ban For Kids 10 And Under Is Mostly Paperwork

The text as introduced · 757 words

89R5419 MPF-F

By: Hull
H.B. No. 2069

A BILL TO BE ENTITLED

AN ACT

relating to a parent's right to intervene in the apprehension by a

peace officer of a child for an emergency detention and certain

requirements and restrictions applicable to an emergency

detention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 573.001, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (i) to

read as follows:

(a) Subject to Section 573.0011, a [ A ] peace officer,

without a warrant, may take a person into custody, regardless of the

age of the person, if the officer:

(1) has reason to believe and does believe that:

(A) the person is a person with mental illness;

and

(B) because of that mental illness there is a

substantial risk of serious harm to the person or to others unless

the person is immediately restrained; and

(2) believes that there is not sufficient time to

obtain a warrant before taking the person into custody.

(i) A peace officer who takes a person into custody under

Subsection (a) must use age-appropriate trauma-informed practices

in responding to the situation.

SECTION 2. Subchapter A, Chapter 573, Health and Safety

Code, is amended by adding Sections 573.0011 and 573.0012 to read as

follows:

Sec. 573.0011. PARENT'S RIGHT TO INTERVENE IN EMERGENCY

DETENTION OF CHILD. (a) In this section, "child" means a person

younger than 18 years of age.

(b) A parent, guardian, conservator, or other person

standing in parental relation to a child who is made aware that the

child is being placed under an emergency detention under this

subchapter has the right to take custody of the child and may

voluntarily seek treatment or services for the child from a

provider of the person's choice.

(c) A peace officer, including a school district peace

officer commissioned under Section 37.081, Education Code, may not

place a child under an emergency detention under this subchapter

without first attempting to contact the child's parent, guardian,

conservator, or other person standing in parental relation to the

child and informing the person about the person's right under

Subsection (b).

(d) If a peace officer transports a child to a facility

under Section 573.001(d), the officer must include a statement

describing the officer's attempt to contact a parent, guardian,

conservator, or other person standing in parental relation to the

child, as required by Subsection (c), in the emergency detention

form described by Section 573.002(d) that the officer files with

the facility as a notification of detention under that section.

(e) If a school district peace officer transports a child to

a facility under Section 573.001(d), in addition to the requirement

imposed by Subsection (d) of this section, the officer must also

document the officer's attempt to contact a parent, guardian,

conservator, or other person standing in parental relation to the

child, as required by Subsection (c), in the child's student

records with the school district, and the district must forward a

copy of the applicable records to the child's parent, guardian,

conservator, or other person standing in parental relation to the

child.

Sec. 573.0012. CERTAIN RESTRAINT DEVICES PROHIBITED ON

CHILD 10 YEARS OF AGE OR YOUNGER. (a) A peace officer may not use

handcuffs, electrical devices, chemical agents, or any other

similar devices intended for use in the control or management of

detainees to apprehend a child 10 years of age or younger for

purposes of an emergency detention under this subchapter unless the

peace officer believes that the child poses an imminent risk of harm

to the child or another person if the child is not immediately

restrained.

(b) If a peace officer uses a restraint device described by

Subsection (a) to apprehend a child, the officer must include in the

emergency detention form described by Section 573.002(d) filed with

a facility as a notification of detention under that section a

statement describing the circumstances that formed the basis for

the officer's belief that a risk of harm was imminent if the child

was not immediately restrained.

SECTION 3. The changes in law made by this Act apply only to

the apprehension for an emergency detention that occurs on or after

the effective date of this Act. An apprehension for emergency

detention that occurs before the effective date of this Act is

governed by the law in effect on the date the apprehension for

emergency detention occurred, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.