Bill Text: TX SB306 | 2019-2020 | 86th Legislature | Comm Sub


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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-03-26 - Placed on intent calendar [SB306 Detail]

Download: Texas-2019-SB306-Comm_Sub.html
 
 
  By: Watson, Menéndez, Miles  S.B. No. 306
         (In the Senate - Filed January 7, 2019; February 7, 2019,
  read first time and referred to Committee on Criminal Justice;
  March 21, 2019, reported favorably by the following vote:  Yeas 7,
  Nays 0; March 21, 2019, sent to printer.)
Click here to see the committee vote
 
 
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.
 
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