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A BILL TO BE ENTITLED
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AN ACT
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relating to the arrest and release on bail or other form of bond of |
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certain criminal defendants with a mental illness or with mental |
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retardation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Article 14.03, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Any peace officer may arrest, without warrant: |
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(1) persons found in suspicious places and under |
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circumstances which reasonably show that such persons have been |
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guilty of some felony, violation of Title 9, Chapter 42, Penal Code, |
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breach of the peace, or offense under Section 49.02, Penal Code, or |
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threaten, or are about to commit some offense against the laws; |
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(2) persons who the peace officer has probable cause |
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to believe have committed an assault resulting in bodily injury to |
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another person and the peace officer has probable cause to believe |
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that there is danger of further bodily injury to that person; |
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(3) persons who the peace officer has probable cause |
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to believe have committed an offense defined by Section 25.07, |
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Penal Code (violation of Protective Order), or by Section 38.112, |
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Penal Code (violation of Protective Order issued on basis of sexual |
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assault), if the offense is not committed in the presence of the |
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peace officer; |
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(4) persons who the peace officer has probable cause |
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to believe have committed an offense involving family violence; |
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(5) persons who the peace officer has probable cause |
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to believe have prevented or interfered with an individual's |
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ability to place a telephone call in an emergency, as defined by |
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Section 42.062(d), Penal Code, if the offense is not committed in |
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the presence of the peace officer; [or] |
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(6) a person who makes a statement to the peace officer |
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that would be admissible against the person under Article 38.21 and |
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establishes probable cause to believe that the person has committed |
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a felony; or |
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(7) a person who the peace officer has probable cause |
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to believe has violated a condition of release on bail or other form |
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of bond under Article 17.032 or 17.455. |
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SECTION 2. Article 17.032, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) and amending Subsections (c) and |
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(d) to read as follows: |
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(b-1) Unless good cause is shown otherwise, if the |
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requirements specified by Subsections (b)(2), (3), and (4) are |
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satisfied, the court before whom the criminal case is pending may |
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release on personal bond a defendant who is charged with or has been |
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previously convicted of a violent offense. |
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(c) The applicable court [magistrate], unless good cause is |
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shown for not requiring treatment, shall require as a condition of |
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release on personal bond under Subsection (b) or (b-1) [this
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article] that the defendant submit to outpatient or inpatient |
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mental health or mental retardation treatment as recommended by the |
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local mental health or mental retardation authority if the |
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defendant's: |
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(1) mental illness or mental retardation is chronic in |
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nature; or |
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(2) ability to function independently will continue to |
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deteriorate if the defendant is not treated. |
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(d) In addition to a condition of release imposed under |
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Subsection (c) [of this article], the applicable court [magistrate] |
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may require the defendant to comply with other conditions that are |
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reasonably necessary to protect the community. |
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SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.455 to read as follows: |
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Art. 17.455. CONDITIONS REQUIRING SUBMISSION TO MENTAL |
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HEALTH OR MENTAL RETARDATION TREATMENT. (a) A magistrate may |
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require as a condition of a defendant's release on bond, other than |
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a release on personal bond, that the defendant submit to outpatient |
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or inpatient mental health or mental retardation treatment, as |
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recommended by the applicable local mental health or mental |
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retardation authority, if: |
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(1) the requirements of Articles 17.032(b)(2), |
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(b)(3), and (b)(4) are satisfied with respect to the defendant in |
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the same manner as if the defendant were being released on personal |
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bond; and |
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(2) the defendant's mental illness or mental |
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retardation: |
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(A) is chronic; or |
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(B) will continue to interfere with the |
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defendant's ability to function independently if the defendant does |
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not receive treatment. |
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(b) An order for treatment under this article may require |
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the defendant to receive services and to reside at a local mental |
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health facility or residential care facility, as applicable, during |
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the period of the defendant's release. |
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SECTION 4. The change in law made by this Act in amending |
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Article 17.032, Code of Criminal Procedure, and adding Article |
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17.455, Code of Criminal Procedure, applies only to a defendant's |
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release on bail or other form of bond on or after the effective date |
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of this Act. A defendant's release on bail or other form of bond |
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before the effective date of this Act is governed by the law in |
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effect when the defendant was released, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |
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* * * * * |