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


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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2019-04-25 - Effective immediately [SB306 Detail]

Download: Texas-2019-SB306-Enrolled.html
 
 
  S.B. No. 306
 
 
 
 
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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 306 passed the Senate on
  March 27, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 306 passed the House on
  April 12, 2019, by the following vote:  Yeas 143, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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