Tex. Code of Crim. Proc. Article 45.058
Children Taken into Custody


(a)

A child may be released to the child’s parent, guardian, custodian, or other responsible adult as provided by Section 52.02 (Release or Delivery to Court)(a)(1), Family Code, if the child is taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 (Jurisdiction of Justice Courts) or 4.14 (Jurisdiction of Municipal Court).

(b)

A child described by Subsection (a) must be taken only to a place previously designated by the head of the law enforcement agency with custody of the child as an appropriate place of nonsecure custody for children unless the child:

(1)

is released under Section 52.02 (Release or Delivery to Court)(a)(1), Family Code; or

(2)

is taken before a justice or municipal court.

(c)

A place of nonsecure custody for children must be an unlocked, multipurpose area. A lobby, office, or interrogation room is suitable if the area is not designated, set aside, or used as a secure detention area and is not part of a secure detention area. A place of nonsecure custody may be a juvenile processing office designated under Section 52.025 (Designation of Juvenile Processing Office), Family Code, if the area is not locked when it is used as a place of nonsecure custody.

(d)

The following procedures shall be followed in a place of nonsecure custody for children:

(1)

a child may not be secured physically to a cuffing rail, chair, desk, or other stationary object;

(2)

the child may be held in the nonsecure facility only long enough to accomplish the purpose of identification, investigation, processing, release to parents, or the arranging of transportation to the appropriate juvenile court, juvenile detention facility, secure detention facility, justice court, or municipal court;

(3)

residential use of the area is prohibited; and

(4)

the child shall be under continuous visual supervision by a law enforcement officer or facility staff person during the time the child is in nonsecure custody.

(e)

Notwithstanding any other provision of this article, a child may not, under any circumstances, be detained in a place of nonsecure custody for more than six hours.

(f)

A child taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 (Jurisdiction of Justice Courts) or 4.14 (Jurisdiction of Municipal Court) may be presented or detained in a detention facility designated by the juvenile court under Section 52.02 (Release or Delivery to Court)(a)(3), Family Code, only if:

(1)

the child’s non-traffic case is transferred to the juvenile court by a justice or municipal court under Section 51.08 (Transfer from Criminal Court)(b), Family Code; or

(2)

the child is referred to the juvenile court by a justice or municipal court for contempt of court under Article 45.050 (Failure to Pay Fine; Failure to Appear; Contempt: Juveniles).

(g)

Except as provided by Subsection (g-1) and Section 37.143 (Citation Prohibited; Custody of Child)(a), Education Code, a law enforcement officer may issue a field release citation as provided by Article 14.06 (Must Take Offender Before Magistrate) in place of taking a child into custody for a traffic offense or an offense punishable by fine only.

(g-1)

A law enforcement officer may issue a field release citation as provided by Article 14.06 (Must Take Offender Before Magistrate) in place of taking a child into custody for conduct constituting a violation of Section 49.02 (Public Intoxication), Penal Code, only if the officer releases the child to the child’s parent, guardian, custodian, or other responsible adult.

(h)

In this article, “child” means a person who is:

(1)

at least 10 years of age and younger than 17 years of age; and

(2)

charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 (Jurisdiction of Justice Courts) or 4.14 (Jurisdiction of Municipal Court).

(i)

If a law enforcement officer issues a citation or files a complaint in the manner provided by Article 45.018 (Complaint) for conduct by a child 12 years of age or older that is alleged to have occurred on school property or on a vehicle owned or operated by a county or independent school district, the officer shall submit to the court the offense report, a statement by a witness to the alleged conduct, and a statement by a victim of the alleged conduct, if any. An attorney representing the state may not proceed in a trial of an offense unless the law enforcement officer complied with the requirements of this subsection.

(j)

Notwithstanding Subsection (g) or (g-1), a law enforcement officer may not issue a citation or file a complaint in the manner provided by Article 45.018 (Complaint) for conduct by a child younger than 12 years of age that is alleged to have occurred on school property or on a vehicle owned or operated by a county or independent school district.
Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 311 (H.B. 558), Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 3, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.

Source: Article 45.058 — Children Taken into Custody, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45.­htm#45.­058 (accessed May 25, 2024).

45.001
Objectives of Chapter
45.002
Application of Chapter
45.003
Definition for Certain Prosecutions
45.004
General Definition
45.011
Rules of Evidence
45.012
Electronically Created Records
45.013
Filing with Clerk by Mail
45.015
Defendant Placed in Jail
45.016
Personal Bond
45.017
Criminal Docket
45.018
Complaint
45.020
Appearance by Counsel
45.021
Pleadings
45.022
Plea of Guilty or Nolo Contendere
45.023
Defendant’s Plea
45.024
Defendant’s Refusal to Plead
45.025
Defendant May Waive Jury
45.026
Jury Trial
45.027
Jury Summoned
45.028
Other Jurors Summoned
45.029
Peremptory Challenges
45.030
Formation of Jury
45.031
Counsel for State Not Present
45.032
Directed Verdict
45.033
Jury Charge
45.034
Jury Kept Together
45.035
Mistrial
45.036
Verdict
45.037
Motion for New Trial
45.038
New Trial Granted
45.039
Only One New Trial Granted
45.040
State Not Entitled to New Trial
45.042
Appeal
45.043
Effect of Appeal
45.044
Forfeiture of Cashbond in Satisfaction of Fine
45.046
Commitment
45.047
Civil Collection of Fines After Judgment
45.048
Discharged from Jail
45.050
Failure to Pay Fine
45.052
Dismissal of Misdemeanor Charge on Completion of Teen Court Program
45.053
Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person
45.056
Juvenile Case Managers
45.058
Children Taken into Custody
45.060
Unadjudicated Children, Now Adults
45.061
Proceedings Concerning Electronic Transmission of Certain Visual Material Depicting Minor
45.101
Justice Court Prosecutions
45.102
Offenses Committed in Another County
45.103
Warrant Without Complaint
45.201
Municipal Prosecutions
45.0201
Appearance by Telephone or Videoconference
45.202
Service of Process
45.203
Collection of Fines and Costs
45.0211
Plea by Defendant Charged with Family Violence Offense
45.0215
Plea by Minor and Appearance of Parent
45.0216
Expunction of Certain Conviction Records
45.0217
Confidential Records Related to Charges Against or Conviction of a Child
45.0218
Confidential Records Related to Fine-only Misdemeanor
45.0241
Acceptance of Defendant’s Plea
45.301
Definitions
45.302
Applicability
45.303
Transfer to Juvenile Court Not Affected
45.304
Diversion Eligibility
45.305
Diversion Strategies
45.306
Youth Diversion Plan
45.307
Youth Diversion Coordinator
45.308
Diversion Agreement
45.309
Intermediate Diversion
45.310
Diversion by Justice or Judge
45.311
Referral to Court
45.312
Local Youth Diversion Administrative Fee
45.313
Diversion Records
45.0425
Appeal Bond
45.0426
Filing Bond Perfects Appeal
45.0445
Reconsideration of Satisfaction of Fine or Costs
45.0492
Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants
45.0511
Driving Safety Course or Motorcycle Operator Course Dismissal Procedures
45.0541
Expunction of Failure to Attend School Records

Accessed:
May 25, 2024

Art. 45.058’s source at texas​.gov