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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding defendants who are or may be |
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persons with a mental illness or intellectual disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 16.22(a)(2), Code of Criminal Procedure, |
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is amended to read as follows: |
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(2) The magistrate is not required to order the |
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interview and collection of other information under Subdivision (1) |
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if the defendant is no longer in custody or if the defendant in the |
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year preceding the defendant's applicable date of arrest has been |
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determined to have a mental illness or to be a person with an |
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intellectual disability by the service provider that contracts with |
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the jail to provide mental health or intellectual and developmental |
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disability services, the local mental health authority, the local |
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intellectual and developmental disability authority, or another |
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mental health or intellectual and developmental disability expert |
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described by Subdivision (1). A court that elects to use the |
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results of that previous determination may proceed under Subsection |
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(c). |
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SECTION 2. Article 16.22, Code of Criminal Procedure, is |
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amended by amending Subsection (b-1) and adding Subsection (b-2) to |
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read as follows: |
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(b-1) The magistrate shall provide copies of the written |
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report to: |
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(1) the defense counsel; |
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(2) [,] the attorney representing the state; |
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(3) [, and] the trial court; |
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(4) the sheriff or other person responsible for the |
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defendant's medical records while the defendant is confined in |
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county jail; and |
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(5) as applicable: |
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(A) any personal bond office established under |
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Article 17.42 for the county in which the defendant is being |
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confined; or |
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(B) the director of the office or department that |
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is responsible for supervising the defendant while the defendant is |
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released on bail and receiving mental health or intellectual and |
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developmental disability services as a condition of bail. |
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(b-2) The written report must include a description of the |
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procedures used in the interview and collection of other |
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information under Subsection (a)(1)(A) and the applicable expert's |
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observations and findings pertaining to: |
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(1) whether the defendant is a person who has a mental |
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illness or is a person with an intellectual disability; |
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(2) whether there is clinical evidence to support a |
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belief that the defendant may be incompetent to stand trial and |
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should undergo a complete competency examination under Subchapter |
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B, Chapter 46B; and |
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(3) any appropriate or recommended treatment or |
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service. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |