By:  Coleman, et al. (Senate Sponsor - Duncan)                    H.B. No. 2518
	(In the Senate - Received from the House May 2, 2005; 
May 3, 2005, read first time and referred to Committee on 
Jurisprudence; May 16, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0; 
May 16, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2518                                   By:  Hinojosa


A BILL TO BE ENTITLED

AN ACT


relating to a mental health court program.                                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 616.002, Health and Safety Code, is 
amended to read as follows:
	Sec. 616.002.  AUTHORITY TO ESTABLISH PROGRAM.  The 
commissioners court of a county may establish a mental health court 
program for persons who:
		(1)  have been arrested for or charged with a 
misdemeanor or felony; and
		(2)  are suspected by a law enforcement agency or a 
court of having a mental illness or mental retardation.
	SECTION 2.  Section 616.003, Health and Safety Code, is 
amended to read as follows:
	Sec. 616.003.  PROGRAM.  (a)  A mental health court program 
established under Section 616.002:
		(1)  may handle all issues arising under Articles 16.22 
and[,] 17.032, Code of Criminal Procedure, and Chapter 46B [46.02], 
Code of Criminal Procedure; and
		(2)  must:                                                             
			(A)  ensure a person eligible for the program is 
provided legal counsel before volunteering to proceed through the 
mental health court program and while participating in the program;
			(B)  allow a person, if eligible for the program, 
to choose whether to proceed through the mental health court 
program or proceed through the regular criminal justice system;
			(C)  allow a participant to withdraw from the 
mental health court program at any time before a trial on the merits 
has been initiated;
			(D)  provide a participant with a court-ordered 
individualized treatment plan indicating the services that will be 
provided to the participant; and
			(E)  ensure that the jurisdiction of the mental 
health court extends at least six months but does not extend beyond 
the probationary period for the offense charged if the probationary 
period is longer than six months.
	(b)  The issues shall be handled by a magistrate, as 
designated by Article 2.09, Code of Criminal Procedure, who is part 
of a mental health court program established under Section 616.002.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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