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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on personal bond of certain defendants with |
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a mental illness or an intellectual disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.032(b), Code of Criminal Procedure, |
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as amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of |
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the 85th Legislature, Regular Session, 2017, is reenacted to read |
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as follows: |
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(b) Notwithstanding Article 17.03(b), or a bond schedule |
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adopted or a standing order entered by a judge, a magistrate shall |
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release a defendant on personal bond unless good cause is shown |
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otherwise if: |
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(1) the defendant is not charged with and has not been |
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previously convicted of a violent offense; |
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(2) the defendant is examined by the local mental |
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health authority, local intellectual and developmental disability |
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authority, or another qualified mental health or intellectual |
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disability expert under Article 16.22; |
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(3) the applicable expert, in a written assessment |
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submitted to the magistrate under Article 16.22: |
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(A) concludes that the defendant has a mental |
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illness or is a person with an intellectual disability and is |
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nonetheless competent to stand trial; and |
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(B) recommends mental health treatment or |
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intellectual disability services for the defendant, as applicable; |
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(4) the magistrate determines, in consultation with |
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the local mental health authority or local intellectual and |
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developmental disability authority, that appropriate |
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community-based mental health or intellectual disability services |
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for the defendant are available in accordance with Section 534.053 |
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or 534.103, Health and Safety Code, or through another mental |
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health or intellectual disability services provider; and |
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(5) the magistrate finds, after considering all the |
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circumstances, a pretrial risk assessment, if applicable, and any |
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other credible information provided by the attorney representing |
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the state or the defendant, that release on personal bond would |
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reasonably ensure the defendant's appearance in court as required |
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and the safety of the community and the victim of the alleged |
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offense. |
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SECTION 2. Article 17.032(c), Code of Criminal Procedure, |
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as amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of |
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the 85th Legislature, Regular Session, 2017, is reenacted and |
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amended to read as follows: |
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(c) The magistrate, unless good cause is shown for not |
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requiring treatment or services, shall require as a condition of |
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release on personal bond under this article that the defendant |
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submit to outpatient or inpatient mental health treatment or |
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intellectual disability services as recommended by the local mental |
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health authority, local intellectual and developmental disability |
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authority, or another qualified mental health or intellectual |
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disability expert if the defendant's: |
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(1) mental illness or intellectual disability is |
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chronic in nature; or |
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(2) ability to function independently will continue to |
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deteriorate if the defendant does not receive the recommended |
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treatment or services [is not treated]. |
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SECTION 3. This Act takes effect September 1, 2019. |