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.
Sponsorship: Bipartisan Bill
Status: (Passed) 2019-06-05 - Effective on 9/1/19 [HB3540 Detail]
Download: Texas-2019-HB3540-Enrolled.html
| H.B. No. 3540 | ||
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| 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 | ||
