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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.272

Houston Criminal Defense Attorney Brian Foley commentary on Art. 2.272 of the Texas Code of Criminal Procedure.


Houston Criminal Defense Attorney - Texas Code of Criminal procedure Art. 2.272

Art. 2.272, pertains to the response of law enforcement officers when they locate a child or other individual listed on the Texas Crime Information Center's child safety check alert list. The law outlines specific steps that the peace officer must take in such situations:

  1. Immediate Contact: When a peace officer locates a child or person on the child safety check alert list, they are required to promptly contact the Department of Family and Protective Services using a dedicated law-enforcement telephone number for statewide intake.

  2. Request for Information: The officer must request information from the department about the circumstances of the case involving the child or person listed on the alert list.

  3. Contact with Child/Person: The officer must also gather information from the child or individual regarding their safety, well-being, and current residence.

  4. Temporary Detention: The peace officer has the authority to temporarily detain the child or person if it is deemed necessary to ensure their safety and well-being.

  5. Temporary Possession of Child: If the officer determines that specific circumstances described in Section 262.104 of the Family Code exist, they may take temporary possession of the child without a court order. If they choose not to take temporary possession, they must obtain the child's current address and relevant information, reporting it to the Department of Family and Protective Services.

  6. Reporting: The peace officer, after locating a child or person on the alert list and reporting their information to the Department of Family and Protective Services, is also required to report to the Texas Crime Information Center that the child or person has been located and, if applicable, to whom the child was released.

This law was added to the Texas statutes in 2015 to ensure a proper and timely response from law enforcement when a child or individual listed on the child safety check alert list is located. It aims to safeguard the well-being and safety of such individuals.


Art. 2.272. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. (a) If a peace officer locates a child or other person listed on the Texas Crime Information Center's child safety check alert list established under Section 261.3022, Family Code, the officer shall: (1) immediately contact the Department of Family and Protective Services on the department's dedicated law-enforcement telephone number for statewide intake; (2) request information from the department regarding the circumstances of the case involving the child or other person; and (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. (b) The peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child. (c) If the peace officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by Section 262.104, Family Code. If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services. (d) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the Department of Family and Protective Services shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable. Added by Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 6, eff. September 1, 2015.


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