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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 an intermediate care |
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facility for persons with an intellectual or developmental |
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disability or other institutional care facility operated under the |
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home and community-based services waiver program in accordance with |
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Section 1915(c) of the Social Security Act (42 U.S.C. Section |
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1396n). |
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(b) Except as provided by Subsection (c), before a peace |
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officer arrests a person who the officer knows is a person described |
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by Subsection (a), the officer shall: |
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(1) consider whether it is in the best interest of the |
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person to arrest the person or to release the person in lieu of |
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arrest to the person's residence; and |
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(2) make reasonable efforts to consult with the |
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person's legal guardian or representative and the staff at the |
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person's residence regarding that decision. |
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(c) A peace officer is not required to comply with |
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Subsection (b) if the officer has probable cause to believe that |
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there is a continuing threat of violence by or against the person |
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described by Subsection (a). |
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SECTION 2. The change in law made by this Act applies only |
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to an arrest that occurs on or after the effective date of this Act. |
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An arrest that occurred before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |