Bill Text: TX HB3540 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the authority of a peace officer to release in lieu of arrest certain persons with an intellectual or developmental disability.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-05 - Effective on 9/1/19 [HB3540 Detail]
Download: Texas-2019-HB3540-Enrolled.html
H.B. No. 3540 |
|
||
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 |