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Senate Bill 1557 |
Senate Author: Duncan |
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Effective: 9-1-09 |
House Sponsor: Gallego |
Senate Bill 1557 amends provisions of the Code of Criminal Procedure relating to the early identification of criminal defendants who are or may be persons with mental illness or mental retardation. The bill requires a sheriff, not later than 72 hours after receiving credible information that a defendant in the sheriff's custody is a person with mental illness or mental retardation, to provide notice of the information to the magistrate and includes in the information considered credible information the observation of certain behaviors and any previous assessment of the defendant. On determination of such reasonable cause, the magistrate, except as otherwise provided, must order a qualified mental health or retardation expert to collect information regarding whether the defendant is a person with mental illness or mental retardation. Previous law required an examination of the defendant to determine whether the defendant is a person with mental illness or mental retardation. The bill requires the expert to provide the magistrate a written assessment of the information collected within specified time frames, requires the assessment to be provided to the trial court, and includes in the actions a trial court may take upon receiving the assessment the consideration of the assessment during the punishment phase of the trial. The bill allows a court before, during, or after the collection of such information to release a defendant with mental illness or mental retardation on a personal or surety bond or to order an examination of the defendant's competency for trial.