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

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

FULL TEXT:
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.