Section 45A.455 - [Effective 1/1/2025] Child Taken Into Custody For Violation Of Juvenile Curfew Or Order(a) In this article, "child" means a person who is younger than 17 years of age.(b) A peace officer taking a child into custody for a 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 child to the child's parent, guardian, or custodian;(2) take the child before a justice or municipal court to answer the charge; or(3) take the child to a place designated as a juvenile curfew processing office by the head of the law enforcement agency having custody of the child.(c) 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 child may not be secured physically to a cuffing rail, chair, desk, or stationary object;(3) the child may not be held for a period longer than is necessary to complete: (D) release to a parent, guardian, or custodian; or(E) arrangement of transportation to school or court;(4) the office may not be designated or intended for residential purposes;(5) a peace officer or other individual shall provide continuous visual supervision of a child while the child is in the office; and(6) a child may not be held in the office for a period of more than six hours.(d) 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. (Code Crim. Proc., Art. 45.059; New.)Tex. Code Crim. Proc. § 45A.455
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 1.001, eff. 1/1/2025.