| |
| |
| |
|
|
AN ACT
|
|
|
relating to the authority of a peace officer to release in lieu of |
|
|
arrest certain persons with an intellectual or developmental |
|
|
disability. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 14, Code of Criminal Procedure, is |
|
|
amended by adding Article 14.035 to read as follows: |
|
|
Art. 14.035. AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN |
|
|
PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) This |
|
|
article applies only to a person with an intellectual or |
|
|
developmental disability who resides at one of the following types |
|
|
of facilities operated under the home and community-based services |
|
|
waiver program in accordance with Section 1915(c) of the Social |
|
|
Security Act (42 U.S.C. Section 1396n): |
|
|
(1) a group home; or |
|
|
(2) an intermediate care facility for persons with an |
|
|
intellectual or developmental disability (ICF/IID) as defined by 40 |
|
|
T.A.C. Section 9.153. |
|
|
(b) In lieu of arresting a person described by Subsection |
|
|
(a), a peace officer may release the person at the person's |
|
|
residence if the officer: |
|
|
(1) believes confinement of the person in a |
|
|
correctional facility as defined by Section 1.07, Penal Code, is |
|
|
unnecessary to protect the person and the other persons who reside |
|
|
at the residence; and |
|
|
(2) made reasonable efforts to consult with the staff |
|
|
at the person's residence and with the person regarding that |
|
|
decision. |
|
|
(c) A peace officer and the agency or political subdivision |
|
|
that employs the peace officer may not be held liable for damage to |
|
|
persons or property that results from the actions of a person |
|
|
released under Subsection (b). |
|
|
SECTION 2. This Act takes effect September 1, 2019. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3540 was passed by the House on May 3, |
|
|
2019, by the following vote: Yeas 141, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3540 was passed by the Senate on May |
|
|
22, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |