77R9478 PEP-F
By Farabee, Uher H.B. No. 1071
Substitute the following for H.B. No. 1071:
By Kitchen C.S.H.B. No. 1071
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures used to deal with a criminal
1-3 defendant suspected of having a mental illness or 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 DEFENDANT SUSPECTED
1-9 OF HAVING MENTAL ILLNESS OR MENTAL RETARDATION. (a) Not later
1-10 than 72 hours after receiving evidence or a statement that may
1-11 establish reasonable cause to believe that a defendant committed to
1-12 the sheriff's custody has a mental illness or is a person with
1-13 mental retardation, the sheriff shall notify a magistrate of that
1-14 fact. A defendant's behavior or the result of a prior evaluation
1-15 indicating a need for referral for further mental health or mental
1-16 retardation assessment must be considered in determining whether
1-17 reasonable cause exists to believe the defendant has a mental
1-18 illness or is a person with mental retardation. On a determination
1-19 that there is reasonable cause to believe that the defendant has a
1-20 mental illness or is a person with mental retardation, the
1-21 magistrate shall order an examination of the defendant by the local
1-22 mental health or mental retardation authority or another [a]
1-23 disinterested expert experienced and qualified in mental health or
1-24 mental retardation to determine whether the defendant has a mental
2-1 illness as defined by Section 571.003, Health and Safety Code, or
2-2 is a person with mental retardation as defined by Section 591.003,
2-3 Health and Safety Code. If the defendant fails or refuses to submit
2-4 to examination, the magistrate may order the defendant to submit to
2-5 [custody for] examination in a mental health facility determined to
2-6 be appropriate by the local mental health or mental retardation
2-7 authority for a reasonable period not to exceed 21 days. The
2-8 magistrate may [not] order a defendant to a facility operated by
2-9 the Texas Department of Mental Health and Mental Retardation for
2-10 examination only on request of the local mental health or mental
2-11 retardation authority and with [without] the consent of the head of
2-12 the [that] facility. If a defendant who has been ordered to a
2-13 facility operated by the Texas Department of Mental Health and
2-14 Mental Retardation for examination remains in the facility for a
2-15 period exceeding 21 days, the head of that facility shall cause the
2-16 defendant to be immediately transported to the committing court and
2-17 placed in the custody of the sheriff of the county in which the
2-18 committing court is located. That county shall reimburse the Texas
2-19 Department of Mental Health and Mental Retardation facility for the
2-20 mileage and per diem expenses of the personnel required to
2-21 transport the defendant calculated in accordance with the state
2-22 travel regulations in effect at the time.
2-23 (b) A written report of the examination shall be submitted
2-24 to the magistrate within 30 days of the order of examination, and
2-25 the magistrate shall furnish copies of the report to the defense
2-26 counsel and the prosecuting attorney. The report shall include a
2-27 description of the procedures used in the examination, the
3-1 examiner's observations and findings pertaining to whether the
3-2 defendant is a person who has a mental illness or is a person with
3-3 mental retardation and whether the defendant is competent to stand
3-4 trial, and recommended treatment.
3-5 (c) After the court receives the examining expert's report
3-6 relating to the defendant under Subsection (b), the court may
3-7 resume:
3-8 (1) [the] criminal proceedings against the defendant,
3-9 including proceedings related to the defendant's release on
3-10 personal bond under Article 17.032; or
3-11 (2) competency proceedings, if required, as provided
3-12 by Article 46.02 or other proceedings affecting the defendant's
3-13 receipt of appropriate court-ordered mental health or mental
3-14 retardation services, including proceedings related to the
3-15 defendant's receipt of outpatient mental health services under
3-16 Section 574.034, Health and Safety Code [of this code].
3-17 SECTION 2. Articles 17.032(b) and (c), Code of Criminal
3-18 Procedure, are amended to read as follows:
3-19 (b) A magistrate shall release a defendant on personal bond
3-20 unless good cause is shown otherwise [or] if the:
3-21 (1) defendant is not charged with and has not been
3-22 previously convicted of a violent offense;
3-23 (2) defendant is examined by the local mental health
3-24 or mental retardation authority or another [a] mental health expert
3-25 under Article 16.22 of this code;
3-26 (3) examining expert, in a report submitted to the
3-27 magistrate under Article 16.22 [of this code]:
4-1 (A) concludes that the defendant has a mental
4-2 illness or is a person with mental retardation and is nonetheless
4-3 competent to stand trial; and
4-4 (B) recommends mental health treatment for the
4-5 defendant; and
4-6 (4) magistrate determines, in consultation with the
4-7 [a] local mental health or mental retardation authority [services
4-8 provider], that appropriate community-based mental health or mental
4-9 retardation services for the defendant are available through the
4-10 Texas Department of Mental Health and Mental Retardation under
4-11 Section 534.053, Health and Safety Code, or through another mental
4-12 health or mental retardation services provider.
4-13 (c) The magistrate, unless good cause is shown for not
4-14 requiring treatment, shall require as a condition of release on
4-15 personal bond under this article that the defendant submit to
4-16 outpatient or inpatient mental health or mental retardation
4-17 treatment as recommended by the local mental health or mental
4-18 retardation authority if the defendant's:
4-19 (1) mental illness or mental retardation is chronic in
4-20 nature; or
4-21 (2) ability to function independently will continue to
4-22 deteriorate if the defendant is not treated.
4-23 SECTION 3. The change in law made by this Act applies only to
4-24 a defendant charged with an offense committed on or after the
4-25 effective date of this Act. A defendant charged with an offense
4-26 committed before the effective date of this Act is covered by the
4-27 law in effect when the offense was committed, and the former law is
5-1 continued in effect for that purpose. For purposes of this
5-2 section, an offense was committed before the effective date of this
5-3 Act if any element of the offense occurred before that date.
5-4 SECTION 4. This Act takes effect September 1, 2001.