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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding certain persons who are or may be |
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persons with 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. Articles 16.22(a), (b-2), and (d), Code of |
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Criminal Procedure, are 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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(2) The magistrate is not required to order the |
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interview and collection of other information under Subdivision (1) |
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if the defendant: |
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(A) is no longer in custody; |
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(B) [or if the defendant] in the year preceding |
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the defendant's applicable date of arrest has been determined to |
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have a mental illness or to be a person with an intellectual |
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disability by the service provider that contracts with the jail to |
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provide mental health or intellectual and developmental disability |
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services, the local mental health authority, the local intellectual |
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and developmental disability authority, or another mental health or |
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intellectual and developmental disability expert described by |
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Subdivision (1); or |
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(C) was only arrested or charged with an offense |
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punishable as a Class C misdemeanor. |
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(3) A court that elects to use the results of a [that |
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previous] determination described by Subdivision (2)(B) may |
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proceed under Subsection (c). |
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(4) [(3)] If the defendant fails or refuses to submit |
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to the interview and collection of other information regarding the |
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defendant as required under Subdivision (1), the magistrate may |
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order the defendant to submit to an examination in a jail, or in |
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another place determined to be appropriate by the local mental |
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health authority or local intellectual and developmental |
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disability authority, for a reasonable period not to exceed 72 |
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hours. If applicable, the county in which the committing court is |
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located shall reimburse the local mental health authority or local |
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intellectual and developmental disability authority for the |
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mileage and per diem expenses of the personnel required to |
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transport the defendant, calculated in accordance with the state |
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travel regulations in effect at the time. |
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(b-2) The written report must include a description of the |
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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 2. Article 17.03(b-2), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b-2) Except as provided by Articles 15.21, 17.032, 17.033, |
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and 17.151, a defendant may not be released on personal bond if the |
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defendant: |
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(1) is charged with an offense involving violence; or |
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(2) while released on bail or community supervision |
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for an offense involving violence, is charged with committing: |
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(A) any offense punishable as a felony; or |
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(B) an offense under the following provisions of |
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the Penal Code: |
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(i) Section 22.01(a)(1) (assault); |
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(ii) Section 22.05 (deadly conduct); |
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(iii) Section 22.07 (terroristic threat); |
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or |
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(iv) Section 42.01(a)(7) or (8) (disorderly |
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conduct involving firearm). |
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SECTION 3. Section 573.012, Health and Safety Code, is |
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amended by adding Subsection (d-1) and amending Subsection (h) to |
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read as follows: |
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(d-1) A peace officer who transports an apprehended person |
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to a facility in accordance with this section: |
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(1) is not required to remain at the facility while the |
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person is medically screened or treated or while the person's |
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insurance coverage is verified; and |
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(2) may leave the facility immediately after: |
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(A) the person is taken into custody by |
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appropriate facility staff; and |
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(B) the peace officer provides to the facility |
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the required documentation. |
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(h) A judge or magistrate may permit an applicant who is a |
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physician or a licensed mental health professional employed by a |
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local mental health authority to present an application by: |
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(1) e-mail with the application attached as a secure |
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document in a portable document format (PDF); or |
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(2) secure electronic means, including: |
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(A) satellite transmission; |
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(B) closed-circuit television transmission; or |
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(C) any other method of two-way electronic |
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communication that: |
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(i) is secure; |
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(ii) is available to the judge or |
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magistrate; and |
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(iii) provides for a simultaneous, |
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compressed full-motion video and interactive communication of |
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image and sound between the judge or magistrate and the applicant. |
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SECTION 4. Section 574.106, Health and Safety Code, is |
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amended by adding Subsection (m) to read as follows: |
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(m) An order issued under this section authorizes the taking |
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of a patient's blood sample to conduct reasonable and medically |
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necessary evaluations and laboratory tests to safely administer a |
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psychoactive medication authorized by the order. |
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SECTION 5. This Act takes effect September 1, 2023. |
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