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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a peace officer to release in lieu of |
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arrest certain persons with an intellectual or developmental |
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disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 14, Code of Criminal Procedure, is |
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amended by adding Article 14.035 to read as follows: |
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Art. 14.035. AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN |
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PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) This |
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article applies only to a person with an intellectual or |
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developmental disability who resides at one of the following types |
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of facilities operated under the home and community-based services |
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waiver program in accordance with Section 1915(c) of the Social |
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Security Act (42 U.S.C. Section 1396n): |
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(1) a group home; or |
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(2) an intermediate care facility for persons with an |
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intellectual or developmental disability (ICF/IID) as defined by 40 |
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T.A.C. Section 9.153. |
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(b) In lieu of arresting a person described by Subsection |
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(a), a peace officer may release the person at the person's |
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residence if the officer: |
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(1) believes confinement of the person in a |
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correctional facility as defined by Section 1.07, Penal Code, is |
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unnecessary to protect the person and the other persons who reside |
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at the residence; and |
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(2) made reasonable efforts to consult with the staff |
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at the person's residence and with the person regarding that |
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decision. |
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(c) A peace officer and the agency or political subdivision |
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that employs the peace officer may not be held liable for damage to |
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persons or property that results from the actions of a person |
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released under Subsection (b). |
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SECTION 2. This Act takes effect September 1, 2019. |