Bill Text: TX HB3540 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
86R9515 JCG-F | ||
By: Burns | 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 an intermediate care | ||
facility for persons with an intellectual or developmental | ||
disability or other institutional care facility 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). | ||
(b) Except as provided by Subsection (c), before a peace | ||
officer arrests a person who the officer knows is a person described | ||
by Subsection (a), the officer shall: | ||
(1) consider whether it is in the best interest of the | ||
person to arrest the person or to release the person in lieu of | ||
arrest to the person's residence; and | ||
(2) make reasonable efforts to consult with the | ||
person's legal guardian or representative and the staff at the | ||
person's residence regarding that decision. | ||
(c) A peace officer is not required to comply with | ||
Subsection (b) if the officer has probable cause to believe that | ||
there is a continuing threat of violence by or against the person | ||
described by Subsection (a). | ||
SECTION 2. The change in law made by this Act applies only | ||
to an arrest that occurs on or after the effective date of this Act. | ||
An arrest that occurred before the effective date of this Act is | ||
governed by the law as it existed immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |