| 1 | 1 | | 86R2259 LHC-F |
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| 2 | 2 | | By: Israel H.B. No. 830 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release by a peace officer of certain individuals |
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| 8 | 8 | | suspected of the offense of public intoxication. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Articles 14.031(a) and (c), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (a) In lieu of arresting an individual who is not a child, as |
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| 13 | 13 | | defined by Section 51.02, Family Code, and who commits an offense |
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| 14 | 14 | | under Section 49.02, Penal Code, a peace officer may release the |
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| 15 | 15 | | individual if: |
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| 16 | 16 | | (1) the officer believes detention in a penal facility |
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| 17 | 17 | | is unnecessary for the protection of the individual or others; and |
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| 18 | 18 | | (2) the individual: |
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| 19 | 19 | | (A) is released to the care of an adult who agrees |
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| 20 | 20 | | to assume responsibility for the individual; [or] |
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| 21 | 21 | | (B) verbally consents to voluntary treatment for |
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| 22 | 22 | | substance use [chemical dependency] in a program in a treatment |
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| 23 | 23 | | facility licensed and approved by the Health and Human Services |
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| 24 | 24 | | [Texas] Commission [on Alcohol and Drug Abuse], and the program |
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| 25 | 25 | | admits the individual for treatment; or |
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| 26 | 26 | | (C) verbally consents to voluntary admission to a |
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| 27 | 27 | | facility that provides a place for individuals to become sober |
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| 28 | 28 | | under supervision, and the facility admits the individual for |
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| 29 | 29 | | supervision. |
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| 30 | 30 | | (c) The release of an individual under Subsection (a) or (b) |
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| 31 | 31 | | of this article to a substance use [an alcohol or drug] treatment |
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| 32 | 32 | | program or a facility that provides a place for individuals to |
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| 33 | 33 | | become sober under supervision may not be considered by a peace |
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| 34 | 34 | | officer or magistrate in determining whether the individual should |
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| 35 | 35 | | be released to such a program or facility for a subsequent incident |
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| 36 | 36 | | or arrest under Section 49.02, Penal Code. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2019. |
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