By: Watson, et al. S.B. No. 306
(Israel)
A BILL TO BE ENTITLED
AN ACT
relating to the release by a peace officer of certain individuals
suspected of the offense of public intoxication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 14.031(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) In lieu of arresting an individual who is not a child, as
defined by Section 51.02, Family Code, and who commits an offense
under Section 49.02, Penal Code, a peace officer may release the
individual if:
(1) the officer believes detention in a penal facility
is unnecessary for the protection of the individual or others; and
(2) the individual:
(A) is released to the care of an adult who agrees
to assume responsibility for the individual; [or]
(B) verbally consents to voluntary treatment for
substance use [chemical dependency] in a program in a treatment
facility licensed and approved by the Health and Human Services
[Texas] Commission [on Alcohol and Drug Abuse], and the program
admits the individual for treatment; or
(C) verbally consents to voluntary admission to a
facility that provides a place for individuals to become sober
under supervision, and the facility admits the individual for
supervision.
(c) The release of an individual under Subsection (a) or (b)
of this article to a substance use [an alcohol or drug] treatment
program or a facility that provides a place for individuals to
become sober under supervision may not be considered by a peace
officer or magistrate in determining whether the individual should
be released to such a program or facility for a subsequent incident
or arrest under Section 49.02, Penal Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.