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Texas Code of Criminal Procedure

§ 14.031 — PUBLIC INTOXICATION

CR § 14.031Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 14. ARREST WITHOUT WARRANT

Statute text

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(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;
(B)verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission, 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.

Legislative history

Acts 2009, 81st Leg., R.S., Ch. 311 (H.B. 558), Sec. 1, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 1 (S.B. 306), Sec. 1, eff. April 25, 2019.

Source: Texas Code of Criminal Procedure § 14.031 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.