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By: Watson, Menéndez, Miles |
S.B. No. 306 |
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(In the Senate - Filed January 7, 2019; February 7, 2019, |
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read first time and referred to Committee on Criminal Justice; |
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March 21, 2019, reported favorably by the following vote: Yeas 7, |
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Nays 0; March 21, 2019, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the release by a peace officer of certain individuals |
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suspected of the offense of public intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 14.031(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) In lieu of arresting an individual who is not a child, as |
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defined by Section 51.02, Family Code, and who commits an offense |
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under Section 49.02, Penal Code, a peace officer may release the |
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individual if: |
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(1) the officer believes detention in a penal facility |
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is unnecessary for the protection of the individual or others; and |
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(2) the individual: |
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(A) is released to the care of an adult who agrees |
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to assume responsibility for the individual; [or] |
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(B) verbally consents to voluntary treatment for |
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substance use [chemical dependency] in a program in a treatment |
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facility licensed and approved by the Health and Human Services |
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[Texas] Commission [on Alcohol and Drug Abuse], and the program |
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admits the individual for treatment; or |
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(C) verbally consents to voluntary admission to a |
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facility that provides a place for individuals to become sober |
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under supervision, and the facility admits the individual for |
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supervision. |
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(c) The release of an individual under Subsection (a) or (b) |
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of this article to a substance use [an alcohol or drug] treatment |
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program or a facility that provides a place for individuals to |
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become sober under supervision may not be considered by a peace |
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officer or magistrate in determining whether the individual should |
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be released to such a program or facility for a subsequent incident |
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or arrest under Section 49.02, Penal Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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