86R9515 JCG-F
By: Burns H.B. No. 3540
A BILL TO BE ENTITLED
AN ACT
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.