Texas 2019 - 86th Regular

Texas House Bill HB818

Caption

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

Impact

The bill's enactment could lead to significant changes in how public intoxication cases are handled in Texas. By emphasizing treatment options over arrest, the legislation aims to address the broader issue of substance abuse and its impact on communities. This shift aligns with recent trends in criminal justice reform, where the focus is increasingly on rehabilitation rather than punishment, which could both decrease jail populations and promote recovery among affected individuals.

Summary

House Bill 818 amends Articles 14.031(a) and (c) in the Texas Code of Criminal Procedure, allowing peace officers to release individuals suspected of public intoxication instead of arresting them. Under the new provisions, if the officer believes that detention is unnecessary for the protection of the individual or others, the suspect may be released to an adult who will take responsibility, or they may consent to voluntary treatment for substance use in a licensed facility. This approach aims to reduce the number of arrests for public intoxication, prioritizing treatment over incarceration for individuals struggling with substance use.

Contention

However, there are points of contention surrounding HB 818. Critics may argue that the bill could result in inconsistent enforcement by peace officers or that it may inadvertently encourage irresponsible behavior in public spaces. Concerns also exist regarding the adequacy of treatment facilities and whether they can effectively handle the volume of individuals likely to be released under this new provision. Furthermore, some stakeholders might question the adequacy of protections for public safety and the potential impacts on community safety as officers navigate these new guidelines.

Companion Bills

TX SB306

Same As Relating to the release by a peace officer of certain individuals suspected of the offense of public intoxication.

Previously Filed As

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.