By Lucio S.B. No. 1773
75R3659 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures affecting a person charged with a criminal
1-3 offense who may have a mental illness or be a person with mental
1-4 retardation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 16.22, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 16.22. EXAMINATION AND TRANSFER OF SUSPECTED MENTALLY
1-9 ILL OR RETARDED PERSON [DEFENDANT]. (a) If a sheriff has
1-10 [provides to a magistrate evidence or a statement that establishes]
1-11 reasonable cause to believe that a person [defendant] committed to
1-12 the sheriff's custody is a person with mental illness or mental
1-13 retardation, the sheriff shall present the evidence to a magistrate
1-14 as soon as practicable, not later than the second business day
1-15 after the date the sheriff formulates the belief. The sheriff
1-16 shall also notify the magistrate of the following information
1-17 relating to the person to the extent known to the sheriff:
1-18 (1) the charges pending against the person or other
1-19 reason for which the person is detained;
1-20 (2) the nature and extent of any harm done to a victim
1-21 of an offense with which the person is charged;
1-22 (3) any relevant prior experience the sheriff has in
1-23 dealing with the person; and
1-24 (4) whether the person has a guardian, managing
2-1 conservator, attorney, social service case worker or case manager,
2-2 or other person with authority to act on behalf of the person in
2-3 the person's best interest.
2-4 (b) On receiving evidence under Subsection (a), the
2-5 magistrate shall conduct a proceeding to examine that evidence and
2-6 other relevant information to determine what action should be
2-7 taken with respect to the person held in custody. The magistrate
2-8 shall notify any person listed under Subsection (a)(4) known to the
2-9 magistrate of the time and place of the proceeding and allow that
2-10 person to be present and present information to the magistrate
2-11 regarding the history and mental condition of the person held in
2-12 custody. After the proceeding, the magistrate shall enter an order
2-13 for further procedures as appropriate to the person held in
2-14 custody, including:
2-15 (1) an order for an examination of the person
2-16 [defendant] under Section 3(b), Article 46.02;
2-17 (2) an order releasing the person on personal bond on
2-18 the condition that the person submit to outpatient or inpatient
2-19 mental health treatment as provided by Article 17.032;
2-20 (3) an order requiring the person to submit to mental
2-21 health services under Section 574.034 or 574.035, Health and Safety
2-22 Code;
2-23 (4) an order requiring the person to be committed to a
2-24 residential care facility under Subchapter C, Chapter 593, Health
2-25 and Safety Code; or
2-26 (5) an order for any other procedure or action that
2-27 addresses the needs of the person for mental health or mental
3-1 retardation evaluation, treatment, or services without jeopardizing
3-2 public safety[, of this code and, if necessary, the transfer of the
3-3 defendant to the nearest appropriate mental health or mental
3-4 retardation facility in the manner provided by Section 3(b),
3-5 Article 46.02, of this code].
3-6 (c) The magistrate shall include in an order issued under
3-7 Subsection (b) appropriate measures for the transportation of the
3-8 person in connection with the order, for the return of the person
3-9 to custody if necessary, and for the preparation of and delivery to
3-10 the court of any report, information, or document required in
3-11 connection with the order.
3-12 (d) [(b)] After the court receives any applicable report,
3-13 information, or document [the examining expert's report] relating
3-14 to the person pursuant to a procedure ordered under Subsection (b)
3-15 [defendant under Section 3(d), Article 46.02, of this code], the
3-16 court may resume the criminal proceedings against the person
3-17 [defendant] or order further proceedings as provided by this
3-18 article [competency proceedings, if required, as provided by
3-19 Article 46.02 of this code].
3-20 SECTION 2. This Act takes effect September 1, 1997.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.