82R21158 JSC-F

By: Gallego H.B. No. 3692

Substitute the following for H.B. No. 3692:

By: Gallego C.S.H.B. No. 3692

A BILL TO BE ENTITLED

AN ACT

relating to peace officer interaction with persons with mental illness and to a person's incompetency to stand trial.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 14, Code of Criminal Procedure, is amended by adding Article 14.07 to read as follows:

Art. 14.07. EMERGENCY CALLS INVOLVING PERSONS WITH MENTAL ILLNESS. (a) In this article, "mental illness" has the meaning assigned by Section 571.003, Health and Safety Code.

(b) A peace officer answering an emergency call shall attempt to determine whether any person involved in the emergency call is a person with a mental illness.

(c) If a peace officer reasonably believes that a person involved in an emergency call is a person with a mental illness and does not have reason to believe that the person has committed an offense, the peace officer:

(1) shall notify the local mental health authorities;

(2) may provide appropriate assistance to the person; and

(3) may take the person into custody under Section 573.001, Health and Safety Code.

(d) If a peace officer reasonably believes that a person involved in an emergency call is a person with a mental illness and has probable cause to believe that the person has committed a misdemeanor offense, the peace officer may:

(1) issue a citation in lieu of arresting the person if authorized under Article 14.06; or

(2) take the person into custody under Section 573.001, Health and Safety Code.

SECTION 2. Article 46B.004, Code of Criminal Procedure, is amended by adding Subsection (c-1) to read as follows:

(c-1) A suggestion of incompetency is the threshold requirement for an informal inquiry under Subsection (c) and may consist solely of a representation from any source that the defendant may be incompetent. A further evidentiary showing is not required to initiate the inquiry, and the court is not required to have a bona fide doubt about the competency of the defendant. Evidence suggesting the need for an informal inquiry may be based on observations made in relation to one or more of the factors described by Article 46B.024 or on any other indication that the defendant is incompetent within the meaning of Article 46B.003.

SECTION 3. Section 1701.253(b), Occupations Code, is amended to read as follows:

(b) In establishing requirements under this section, the commission shall require courses and programs to provide training in:

(1) the investigation and documentation of cases that involve:

(A) child abuse or neglect;

(B) family violence; [and]

(C) sexual assault; and

(D) mental illness;

(2) issues concerning sex offender characteristics; and

(3) crime victims' rights under Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights.

SECTION 4. (a) Article 14.07, Code of Criminal Procedure, as added by this Act, applies only to a peace officer response to an emergency call that occurs on or after the effective date of this Act. A peace officer response to an emergency call that occurs before the effective date of this Act is covered by the law in effect when the emergency call was made, and the former law is continued in effect for that purpose.

(b) Article 46B.004(c-1), Code of Criminal Procedure, as added by this Act, applies only to a motion suggesting a defendant's incompetency to stand trial made on or after the effective date of this Act. A motion suggesting a defendant's incompetency to stand trial made before the effective date of this Act is covered by the law in effect when the motion was made, and the former law is continued in effect for that purpose.

SECTION 5. The Commission on Law Enforcement Officer Standards and Education shall modify the training required by Section 1701.253(b), Occupations Code, as amended by this Act, and ensure that the modified training is available not later than January 1, 2012.

SECTION 6. This Act takes effect September 1, 2011.