Tex. Code of Crim. Proc. Article 14.035
Authority to Release in Lieu of Arrest Certain Persons with Intellectual or Developmental Disability

(a)

This article applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the home and community-based services waiver program in accordance with Section 1915(c) of the Social Security Act (42 U.S.C. Section 1396n):

(1)

a group home; or

(2)

an intermediate care facility for persons with an intellectual or developmental disability (ICF/IID) as defined by 40 T.A.C. Section 9.153.

(b)

In lieu of arresting a person described by Subsection (a), a peace officer may release the person at the person’s residence if the officer:

(1)

believes confinement of the person in a correctional facility as defined by Section 1.07 (Definitions), Penal Code, is unnecessary to protect the person and the other persons who reside at the residence; and

(2)

made reasonable efforts to consult with the staff at the person’s residence and with the person regarding that decision.

(c)

A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of a person released under Subsection (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 460 (H.B. 3540), Sec. 1, eff. September 1, 2019.

Source: Article 14.035 — Authority to Release in Lieu of Arrest Certain Persons with Intellectual or Developmental Disability, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­14.­htm#14.­035 (accessed May 4, 2024).

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Accessed:
May 4, 2024

Art. 14.035’s source at texas​.gov