| 1 | | - | H.B. No. 3540 |
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| 1 | + | By: Burns, Raymond, Collier H.B. No. 3540 |
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| 2 | + | (Senate Sponsor - Hughes) |
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| 3 | + | (In the Senate - Received from the House May 6, 2019; |
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| 4 | + | May 10, 2019, read first time and referred to Committee on Criminal |
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| 5 | + | Justice; May 19, 2019, reported favorably by the following vote: |
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| 6 | + | Yeas 6, Nays 0; May 19, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to the authority of a peace officer to release in lieu of |
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| 6 | 13 | | arrest certain persons with an intellectual or developmental |
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| 7 | 14 | | disability. |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. Chapter 14, Code of Criminal Procedure, is |
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| 10 | 17 | | amended by adding Article 14.035 to read as follows: |
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| 11 | 18 | | Art. 14.035. AUTHORITY TO RELEASE IN LIEU OF ARREST CERTAIN |
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| 12 | 19 | | PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) This |
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| 13 | 20 | | article applies only to a person with an intellectual or |
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| 14 | 21 | | developmental disability who resides at one of the following types |
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| 15 | 22 | | of facilities operated under the home and community-based services |
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| 16 | 23 | | waiver program in accordance with Section 1915(c) of the Social |
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| 17 | 24 | | Security Act (42 U.S.C. Section 1396n): |
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| 18 | 25 | | (1) a group home; or |
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| 19 | 26 | | (2) an intermediate care facility for persons with an |
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| 20 | 27 | | intellectual or developmental disability (ICF/IID) as defined by 40 |
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| 21 | 28 | | T.A.C. Section 9.153. |
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| 22 | 29 | | (b) In lieu of arresting a person described by Subsection |
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| 23 | 30 | | (a), a peace officer may release the person at the person's |
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| 24 | 31 | | residence if the officer: |
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| 25 | 32 | | (1) believes confinement of the person in a |
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| 26 | 33 | | correctional facility as defined by Section 1.07, Penal Code, is |
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| 27 | 34 | | unnecessary to protect the person and the other persons who reside |
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| 28 | 35 | | at the residence; and |
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| 29 | 36 | | (2) made reasonable efforts to consult with the staff |
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| 30 | 37 | | at the person's residence and with the person regarding that |
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| 31 | 38 | | decision. |
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| 32 | 39 | | (c) A peace officer and the agency or political subdivision |
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| 33 | 40 | | that employs the peace officer may not be held liable for damage to |
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| 34 | 41 | | persons or property that results from the actions of a person |
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| 35 | 42 | | released under Subsection (b). |
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| 36 | 43 | | SECTION 2. This Act takes effect September 1, 2019. |
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| 37 | | - | ______________________________ ______________________________ |
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| 38 | | - | President of the Senate Speaker of the House |
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| 39 | | - | I certify that H.B. No. 3540 was passed by the House on May 3, |
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| 40 | | - | 2019, by the following vote: Yeas 141, Nays 0, 2 present, not |
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| 41 | | - | voting. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Chief Clerk of the House |
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| 44 | | - | I certify that H.B. No. 3540 was passed by the Senate on May |
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| 45 | | - | 22, 2019, by the following vote: Yeas 31, Nays 0. |
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| 46 | | - | ______________________________ |
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| 47 | | - | Secretary of the Senate |
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| 48 | | - | APPROVED: _____________________ |
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| 49 | | - | Date |
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| 50 | | - | _____________________ |
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| 51 | | - | Governor |
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| 44 | + | * * * * * |
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