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.