Bill Text: TX HB830 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 830 (Prior Session Legislation)

Introduced

Bill Title: Relating to the release by a peace officer of certain individuals suspected of the offense of public intoxication.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-04-12 - Laid on the table subject to call [HB830 Detail]

Download: Texas-2019-HB830-Introduced.html

	86R2259 LHC-F

	By: Israel	H.B. No. 830



	A BILL TO BE ENTITLED
	AN ACT
	relating to the release by a peace officer of certain individuals
	suspected of the offense of public intoxication.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Articles 14.031(a) and (c), Code of Criminal
	Procedure, are amended to read as follows:
	(a) In lieu of arresting an individual who is not a child, as
	defined by Section 51.02, Family Code, and who commits an offense
	under Section 49.02, Penal Code, a peace officer may release the
	individual if:
	(1) the officer believes detention in a penal facility
	is unnecessary for the protection of the individual or others; and
	(2) the individual:
	(A) is released to the care of an adult who agrees
	to assume responsibility for the individual; [or]
	(B) verbally consents to voluntary treatment for
	substance use [~~chemical dependency~~] in a program in a treatment
	facility licensed and approved by the Health and Human Services
	[~~Texas~~] Commission [~~on Alcohol and Drug Abuse~~], and the program
	admits the individual for treatment; or
	(C) verbally consents to voluntary admission to a
	facility that provides a place for individuals to become sober
	under supervision, and the facility admits the individual for
	supervision.
	(c) The release of an individual under Subsection (a) or (b)
	of this article to a substance use [~~an alcohol or drug~~] treatment
	program or a facility that provides a place for individuals to
	become sober under supervision may not be considered by a peace
	officer or magistrate in determining whether the individual should
	be released to such a program or facility for a subsequent incident
	or arrest under Section 49.02, Penal Code.
	SECTION 2. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2019.