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A BILL TO BE ENTITLED
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AN ACT
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relating to the delivery of certain mental health information |
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regarding a defendant transferred from a county to the custody of |
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the Texas Department of Criminal Justice, the commitment of certain |
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defendants for competency restoration, and the use of |
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telepsychiatry in determining whether a defendant is manifestly |
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dangerous before commitment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8(a), Article 42.09, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) A county that transfers a defendant to the Texas |
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Department of Criminal Justice under this article shall deliver to |
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an officer designated by the department: |
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(1) a copy of the judgment entered pursuant to Article |
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42.01, completed on a standardized felony judgment form described |
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by Section 4 of that article; |
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(2) a copy of any order revoking community supervision |
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and imposing sentence pursuant to Article 42A.755, including: |
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(A) any amounts owed for restitution, fines, and |
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court costs, completed on a standardized felony judgment form |
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described by Section 4, Article 42.01; and |
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(B) a copy of the client supervision plan |
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prepared for the defendant by the community supervision and |
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corrections department supervising the defendant, if such a plan |
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was prepared; |
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(3) a written report that states the nature and the |
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seriousness of each offense and that states the citation to the |
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provision or provisions of the Penal Code or other law under which |
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the defendant was convicted; |
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(4) a copy of the victim impact statement, if one has |
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been prepared in the case under Article 56.03; |
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(5) a statement as to whether there was a change in |
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venue in the case and, if so, the names of the county prosecuting |
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the offense and the county in which the case was tried; |
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(6) if requested, information regarding the criminal |
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history of the defendant, including the defendant's state |
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identification number if the number has been issued; |
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(7) a copy of the indictment or information for each |
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offense; |
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(8) a checklist sent by the department to the county |
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and completed by the county in a manner indicating that the |
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documents required by this subsection and Subsection (c) accompany |
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the defendant; |
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(9) if prepared, a copy of a presentence or |
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postsentence report prepared under Subchapter F, Chapter 42A; |
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(10) a copy of any detainer, issued by an agency of the |
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federal government, that is in the possession of the county and that |
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has been placed on the defendant; |
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(11) if prepared, a copy of the defendant's Texas |
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Uniform Health Status Update Form; [and] |
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(12) a written description of a hold or warrant, |
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issued by any other jurisdiction, that the county is aware of and |
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that has been placed on or issued for the defendant; and |
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(13) a copy of any mental health records, mental |
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health screening reports, or similar information regarding the |
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mental health of the defendant. |
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SECTION 2. Articles 46B.073(c) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(c) If the defendant is charged with an offense listed in |
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Article 17.032(a), other than an offense under Section 22.01(a)(1), |
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Penal Code, or the indictment alleges an affirmative finding under |
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Article 42A.054(c) or (d), the court may [shall] enter an order |
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committing the defendant for competency restoration services to the |
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maximum security unit of any facility designated by the Department |
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of State Health Services, to an agency of the United States |
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operating a mental hospital, or to a Department of Veterans Affairs |
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hospital. The court may base its decision whether to commit the |
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defendant to a facility described by this subsection on a |
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determination made by a review board established under Article |
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46B.105(b) that the defendant is manifestly dangerous. The court |
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may request that the review board make a determination of whether |
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the defendant is manifestly dangerous in the manner provided by |
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Article 46B.105(b-1), including by assessing the defendant through |
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telepsychiatry. If the court requests a review board to make a |
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recommendation under this subsection, Article 46B.105(e) does not |
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apply to the determination made by the review board and the review |
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board shall provide its determination directly to the court. |
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(d) The court shall enter an order committing a defendant to |
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whom this article applies and who is not committed to a facility [If
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the defendant is not charged with an offense] described by |
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Subsection (c) [and the indictment does not allege an affirmative
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finding under Article 42A.054(c) or (d), the court shall enter an
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order committing the defendant] to a mental health facility or |
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residential care facility determined to be appropriate by the local |
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mental health authority or local intellectual and developmental |
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disability authority or to a jail-based competency restoration |
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program. A defendant may be committed to a jail-based competency |
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restoration program only if the program provider determines the |
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defendant will begin to receive competency restoration services |
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within 72 hours of arriving at the program. |
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SECTION 3. Article 46B.105, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) A review board established under Subsection (b) may |
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make a determination of whether a defendant is manifestly dangerous |
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by assessing the defendant through telepsychiatry and by reviewing |
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appropriate records necessary for an assessment of the danger the |
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defendant presents, as provided by rules adopted for that purpose |
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by the executive commissioner of the Health and Human Services |
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Commission. In this subsection, "telepsychiatry" means the |
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practice of psychiatry, including conducting a psychiatric |
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evaluation, through videoconferencing or similar technology that |
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allows a psychiatrist to interact with another person without being |
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present at the same location as that person. |
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SECTION 4. The change in law made by this Act to Article |
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46B.073, Code of Criminal Procedure, applies to an order for |
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commitment entered under that article on or after the effective |
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date of this Act, regardless of when the offense with which the |
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defendant is charged was committed. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt or amend rules regarding a |
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determination of whether a defendant is manifestly dangerous as |
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necessary to conform with the changes in law made by this Act to |
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Articles 46B.073 and 46B.105, Code of Criminal Procedure. |
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SECTION 6. This Act takes effect September 1, 2019. |