By Armbrister S.B. No. 1383
77R2924 PEP-F
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. Articles 16.22(a) and (b), Code of Criminal
1-7 Procedure, are amended to read as follows:
1-8 (a) Not later than 72 hours after receiving evidence or a
1-9 statement that may establish reasonable cause to believe that a
1-10 defendant committed to the sheriff's custody has a mental illness
1-11 or is a person with mental retardation, the sheriff shall notify a
1-12 magistrate of that fact. A defendant's behavior or the result of a
1-13 prior evaluation indicating a need for referral for further mental
1-14 health or mental retardation assessment must be considered in
1-15 determining whether reasonable cause exists to believe the
1-16 defendant has a mental illness or is a person with mental
1-17 retardation. On a determination that there is reasonable cause to
1-18 believe that the defendant has a mental illness or is a person with
1-19 mental retardation, the magistrate shall order an examination of
1-20 the defendant by the local mental health or mental retardation
1-21 authority or another [a] disinterested expert experienced and
1-22 qualified in mental health or mental retardation to determine
1-23 whether the defendant has a mental illness as defined by Section
1-24 571.003, Health and Safety Code, or is a person with mental
2-1 retardation as defined by Section 591.003, Health and Safety Code.
2-2 If the defendant fails or refuses to submit to examination, the
2-3 magistrate may order the defendant to submit to [custody for]
2-4 examination in a mental health facility determined to be
2-5 appropriate by the local mental health or mental retardation
2-6 authority for a reasonable period not to exceed 21 days. The
2-7 magistrate may [not] order a defendant to a facility operated by
2-8 the Texas Department of Mental Health and Mental Retardation for
2-9 examination only on request of the local mental health or mental
2-10 retardation authority and with [without] the consent of the head of
2-11 the [that] facility. If a defendant who has been ordered to a
2-12 facility operated by the Texas Department of Mental Health and
2-13 Mental Retardation for examination remains in the facility for a
2-14 period exceeding 21 days, the head of that facility shall cause the
2-15 defendant to be immediately transported to the committing court and
2-16 placed in the custody of the sheriff of the county in which the
2-17 committing court is located. That county shall reimburse the Texas
2-18 Department of Mental Health and Mental Retardation facility for the
2-19 mileage and per diem expenses of the personnel required to
2-20 transport the defendant calculated in accordance with the state
2-21 travel regulations in effect at the time.
2-22 (b) A written report of the examination shall be submitted
2-23 to the magistrate within 30 days of the order of examination, and
2-24 the magistrate shall furnish copies of the report to the defense
2-25 counsel and the prosecuting attorney. The report shall include a
2-26 description of the procedures used in the examination, the
2-27 examiner's observations and findings pertaining to whether the
3-1 defendant is a person who has a mental illness or is a person with
3-2 mental retardation and whether the defendant is competent to stand
3-3 trial, and recommended treatment.
3-4 SECTION 2. Articles 17.032(b) and (c), Code of Criminal
3-5 Procedure, are amended to read as follows:
3-6 (b) A magistrate shall release a defendant on personal bond
3-7 unless good cause is shown otherwise [or] if the:
3-8 (1) defendant is not charged with and has not been
3-9 previously convicted of a violent offense;
3-10 (2) defendant is examined by the local mental health
3-11 or mental retardation authority or another [a] mental health expert
3-12 under Article 16.22 of this code;
3-13 (3) examining expert, in a report submitted to the
3-14 magistrate under Article 16.22 of this code:
3-15 (A) concludes that the defendant has a mental
3-16 illness or is a person with mental retardation and is nonetheless
3-17 competent to stand trial; and
3-18 (B) recommends mental health treatment for the
3-19 defendant; and
3-20 (4) magistrate determines, in consultation with the
3-21 [a] local mental health or mental retardation authority [services
3-22 provider], that appropriate community-based mental health or mental
3-23 retardation services for the defendant are available through the
3-24 Texas Department of Mental Health and Mental Retardation under
3-25 Section 534.053, Health and Safety Code, or through another mental
3-26 health or mental retardation services provider.
3-27 (c) The magistrate, unless good cause is shown for not
4-1 requiring treatment, shall require as a condition of release on
4-2 personal bond under this article that the defendant submit to
4-3 outpatient or inpatient mental health or mental retardation
4-4 treatment as recommended by the local mental health or mental
4-5 retardation authority if the defendant's:
4-6 (1) mental illness or mental retardation is chronic in
4-7 nature; or
4-8 (2) ability to function independently will continue to
4-9 deteriorate if the defendant is not treated.
4-10 SECTION 3. The change in law made by this Act applies only to
4-11 a defendant charged with an offense committed on or after the
4-12 effective date of this Act. A defendant charged with an offense
4-13 committed before the effective date of this Act is covered by the
4-14 law in effect when the offense was committed, and the former law is
4-15 continued in effect for that purpose. For purposes of this
4-16 section, an offense was committed before the effective date of this
4-17 Act if any element of the offense occurred before that date.
4-18 SECTION 4. This Act takes effect September 1, 2001.