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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for identifying defendants suspected of |
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having a mental illness or intellectual disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 16.22(a)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a)(1) Not later than 12 hours after the sheriff or |
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municipal jailer having custody of a defendant [for an offense |
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punishable as a Class B misdemeanor or any higher category of |
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offense] receives credible information that may establish |
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reasonable cause to believe that the defendant has a mental illness |
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or is a person with an intellectual disability, the sheriff or |
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municipal jailer shall provide written or electronic notice to the |
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magistrate. The notice must include any information related to the |
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sheriff's or municipal jailer's determination, such as information |
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regarding the defendant's behavior immediately before, during, and |
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after the defendant's arrest and, if applicable, the results of any |
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previous assessment of the defendant. On a determination that |
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there is reasonable cause to believe that the defendant has a mental |
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illness or is a person with an intellectual disability, the |
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magistrate, except as provided by Subdivision (2), shall order the |
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service provider that contracts with the jail to provide mental |
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health or intellectual and developmental disability services, the |
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local mental health authority, the local intellectual and |
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developmental disability authority, or another qualified mental |
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health or intellectual and developmental disability expert to: |
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(A) interview the defendant if the defendant has |
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not previously been interviewed by a qualified mental health or |
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intellectual and developmental disability expert on or after the |
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date the defendant was arrested for the offense for which the |
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defendant is in custody and otherwise collect information regarding |
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whether the defendant has a mental illness as defined by Section |
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571.003, Health and Safety Code, or is a person with an intellectual |
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disability as defined by Section 591.003, Health and Safety Code, |
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including, if applicable, information obtained from any previous |
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assessment of the defendant and information regarding any |
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previously recommended treatment or service; and |
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(B) provide to the magistrate a written report of |
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an interview described by Paragraph (A) and the other information |
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collected under that paragraph on the form approved by the Texas |
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Correctional Office on Offenders with Medical or Mental Impairments |
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under Section 614.0032(c), Health and Safety Code. |
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SECTION 2. Articles 16.22(b-1) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b-1) The magistrate shall provide copies of the written |
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report to the defense counsel, the attorney representing the state, |
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and the trial court. The written report must include a description |
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of the procedures used in the interview and collection of other |
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information under Subsection (a)(1)(A) and the applicable expert's |
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observations and findings pertaining to: |
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(1) whether the defendant is a person who has a mental |
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illness or is a person with an intellectual disability; |
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(2) subject to Article 46B.002, whether there is |
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clinical evidence to support a belief that the defendant may be |
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incompetent to stand trial and should undergo a complete competency |
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examination under Subchapter B, Chapter 46B; and |
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(3) any appropriate or recommended treatment or |
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service. |
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(d) This article does not prevent the applicable court from, |
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before, during, or after the interview and collection of other |
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information regarding the defendant as described by this article: |
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(1) releasing a defendant who has a mental illness or |
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is a person with an intellectual disability from custody on |
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personal or surety bond, including imposing as a condition of |
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release that the defendant submit to an examination or other |
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assessment; or |
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(2) subject to Article 46B.002, ordering an |
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examination regarding the defendant's competency to stand trial. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |