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78R181 ATP-D

By:  Lewis                                                        H.B. No. 2929



A BILL TO BE ENTITLED

AN ACT

relating to the assessment of the mental health of certain newly 
confined or imprisoned persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 501, Government Code, is 
amended by adding Section 501.064 to read as follows:
	Sec. 501.064.  ASSESSMENT OF INMATE'S MENTAL HEALTH.  A 
social worker licensed under Chapter 505, Occupations Code, or 
another licensed professional with comparable expertise and 
training in performing mental health evaluations shall assess the 
mental health of an inmate as soon as practicable after the inmate's 
arrival at the institutional division.  The person who assesses an 
inmate's mental health under this section is entitled to access to 
and shall consider the inmate's presentence or postsentence 
investigation report and any other information the department 
possesses indicating the inmate's mental, emotional, family, 
educational, and community history.
	SECTION 2.  Subchapter B, Chapter 507, Government Code, is 
amended by adding Section 507.033 to read as follows:
	Sec. 507.033.  ASSESSMENT OF DEFENDANT'S MENTAL HEALTH.  A 
social worker licensed under Chapter 505, Occupations Code, or 
another licensed professional with comparable expertise and 
training in performing mental health evaluations shall assess the 
mental health of a defendant as soon as practicable after the 
defendant's arrival at the state jail felony facility.  The person 
who assesses a defendant's mental health under this section is 
entitled to access to and shall consider the defendant's 
presentence or postsentence investigation report and any other 
information the department possesses indicating the defendant's 
mental, emotional, family, educational, and community history.
	SECTION 3.  Subchapter A, Chapter 351, Local Government 
Code, is amended by adding Section 351.0135 to read as follows:
	Sec. 351.0135.  ASSESSMENT OF PRISONER'S MENTAL HEALTH.  A 
social worker licensed under Chapter 505, Occupations Code, or 
another licensed professional with comparable expertise and 
training in performing mental health evaluations shall assess the 
mental health of a prisoner, as soon as practicable after the 
prisoner's arrival at the county jail, to assist the sheriff in 
determining whether any action is required under Article 16.22, 
Code of Criminal Procedure.
	SECTION 4.  The change in law made by the addition of 
Sections 501.064 and 507.033, Government Code, and Section 
351.0135, Local Government Code, by this Act applies only to a 
person who begins confinement or imprisonment on or after the 
effective date of this Act.
	SECTION 5.  This Act takes effect September 1, 2003.