Texas statute
Tex. Code Crim. Proc. art. 14.035 — Authority to release in lieu of arrest certain persons with intellectual or developmental disability
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 14: ARREST WITHOUT WARRANT, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 14.035
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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 , 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).
Official sources
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