By: Moncrief S.B. No. 1332
99S0807/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to procedures for the release of certain mentally ill
1-2 defendants on personal bond.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 17.032, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 17.032. Release on Personal Bond of Certain Mentally
1-7 Ill Defendants. (a) In this article, "violent offense" means an
1-8 offense under the following sections of the Penal Code:
1-9 (1) Section 19.02 (murder);
1-10 (2) Section 19.03 (capital murder);
1-11 (3) Section 20.03 (kidnapping);
1-12 (4) Section 20.04 (aggravated kidnapping);
1-13 (5) Section 21.11 (indecency with a child);
1-14 (6) Section 22.01(a)(1) (assault);
1-15 (7) Section 22.011 (sexual assault);
1-16 (8) Section 22.02 (aggravated assault);
1-17 (9) Section 22.021 (aggravated sexual assault);
1-18 (10) Section 22.04 (injury to a child, elderly
1-19 individual, or disabled individual); or
1-20 (11) Section 29.03 (aggravated robbery).
1-21 (b) A magistrate or the court before whom the case is
1-22 pending shall release a defendant on personal bond, unless good
1-23 cause is shown otherwise, [or] if the:
1-24 (1) defendant is not charged with and has not been
2-1 previously convicted of a violent offense;
2-2 (2) defendant has been [is] examined by a mental
2-3 health expert under Article 16.22 of this code;
2-4 (3) examining expert, in a report submitted to the
2-5 magistrate or court under Article 16.22 of this code:
2-6 (A) concludes that the defendant has a mental
2-7 illness or is a person with mental retardation and is nonetheless
2-8 competent to stand trial; and
2-9 (B) recommends mental health treatment for the
2-10 defendant; and
2-11 (4) magistrate or court determines, in consultation
2-12 with a local mental health or mental retardation services provider,
2-13 that appropriate mental health or mental retardation services for
2-14 the defendant are available through the Texas Department of Mental
2-15 Health and Mental Retardation under Section 534.053, Health and
2-16 Safety Code, or through another mental health or mental retardation
2-17 services provider.
2-18 (c) The defendant, the defendant's attorney, or any other
2-19 adult may make a request for release on personal bond pursuant to
2-20 this article.
2-21 (d) The magistrate or court, unless good cause is shown for
2-22 not requiring treatment, shall require as a condition of release on
2-23 personal bond under this article that the defendant submit to
2-24 outpatient or inpatient mental health or mental retardation
2-25 treatment if the defendant's:
2-26 (1) mental illness or mental retardation is chronic in
3-1 nature; or
3-2 (2) ability to function independently will continue to
3-3 deteriorate if the defendant is not treated.
3-4 (e) [(d)] In addition to a condition of release imposed
3-5 under Subsection (d) [(c)] of this article, the magistrate or court
3-6 may require the defendant to comply with other conditions that are
3-7 reasonably necessary to protect the community.
3-8 (f) [(e)] In this article, a person is considered to have
3-9 been convicted of an offense if:
3-10 (1) a sentence is imposed;
3-11 (2) the person is placed on community supervision or
3-12 receives deferred adjudication; or
3-13 (3) the court defers final disposition of the case.
3-14 SECTION 2. (a) This Act takes effect September 1, 1999.
3-15 (b) The change in law made by this Act applies only to a
3-16 criminal proceeding commenced on or after the effective date of
3-17 this Act. A criminal proceeding commenced before the effective
3-18 date of this Act is governed by the law in effect when the
3-19 proceeding was commenced, and the former law is continued in effect
3-20 for that purpose.
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.