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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 87(R)

Senate Bill 49

Senate Author:  Zaffirini

Effective:  9-1-21

House Sponsor:  Murr


            Senate Bill 49 amends the Code of Criminal Procedure and Government Code to revise and update procedures and programs regarding defendants with a mental illness or intellectual disability. Among other provisions, the bill expands the list of individuals to whom a magistrate must send expert interview reports ordered for certain defendants suspected of having a mental illness or an intellectual disability and provides an exception to the oath requirements of a personal bond for these defendants. The bill revises the eligibility requirements and duties of providers of jail-based competency restoration programs and the qualifications for court-appointed experts examining defendants who raise the insanity defense.

Senate Bill 49 provides for the authority of certain individuals to request that a court modify an order for a civilly committed defendant's inpatient treatment or residential care to an order for participation in an outpatient treatment program and sets out related hearing procedures. Finally, the bill requires the Commission on Jail Standards to require that a prisoner with a mental illness is provided with each prescription medication deemed necessary by a qualified medical professional or mental health professional.