H.B. No. 3540
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 one of the following types
of facilities 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):
(1) a group home; or
(2) an intermediate care facility for persons with an
intellectual or developmental disability (ICF/IID) as defined by 40
T.A.C. Section 9.153.
(b) In lieu of arresting a person described by Subsection
(a), a peace officer may release the person at the person's
residence if the officer:
(1) believes confinement of the person in a
correctional facility as defined by Section 1.07, Penal Code, is
unnecessary to protect the person and the other persons who reside
at the residence; and
(2) made reasonable efforts to consult with the staff
at the person's residence and with the person regarding that
decision.
(c) A peace officer and the agency or political subdivision
that employs the peace officer may not be held liable for damage to
persons or property that results from the actions of a person
released under Subsection (b).
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3540 was passed by the House on May 3,
2019, by the following vote: Yeas 141, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3540 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor