Texas Code of Criminal Procedure - Article 14.031. Public Intoxication

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Art. 14.031. PUBLIC INTOXICATION.  (a) In lieu of arresting 
an individual who commits an offense under Section 49.02, Penal 
Code, a peace officer may release an 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 chemical 
dependency in a program in a treatment facility licensed and 
approved by the Texas Commission on Alcohol and Drug Abuse, and the 
program admits the individual for treatment.
	(b)  A magistrate may release from custody an individual 
arrested under Section 49.02, Penal Code, if the magistrate 
determines the individual meets the conditions required for release 
in lieu of arrest under Subsection (a) of this article.
	(c)  The release of an individual under Subsection (a) or (b) 
of this article to an alcohol or drug treatment program may not be 
considered by a peace officer or magistrate in determining whether 
the individual should be released to such a program for a subsequent 
incident or arrest under Section 49.02, Penal Code.
	(d)  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 an individual 
released under Subsection (a) or (b) of this article.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.04, eff. Sept. 1, 
1994.      

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Last modified: August 10, 2007