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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. Articles 17.032(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) In this article, "offense involving violence" has the |
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meaning assigned by Article 17.03 ["violent offense" means an |
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offense under the following sections of the Penal Code: |
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[(1) Section 19.02 (murder); |
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[(2) Section 19.03 (capital murder); |
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[(3) Section 20.03 (kidnapping); |
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[(4) Section 20.04 (aggravated kidnapping); |
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[(5) Section 21.11 (indecency with a child); |
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[(6) Section 22.01(a)(1) (assault), if the offense |
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involved family violence as defined by Section 71.004, Family Code; |
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[(7) Section 22.011 (sexual assault); |
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[(8) Section 22.02 (aggravated assault); |
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[(9) Section 22.021 (aggravated sexual assault); |
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[(10) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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[(11) Section 29.03 (aggravated robbery); |
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[(12) Section 21.02 (continuous sexual abuse of young |
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child or disabled individual); or |
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[(13) Section 20A.03 (continuous trafficking of |
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persons)]. |
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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 an [a violent] offense involving violence; |
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(2) the defendant is examined by the service provider |
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that contracts with the jail to provide mental health or |
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intellectual and developmental disability services, the local |
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mental health authority, the local intellectual and developmental |
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disability authority, or another qualified mental health or |
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intellectual and developmental disability expert under Article |
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16.22; |
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(3) the applicable expert, in a written report |
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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 and developmental disability services for the |
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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 and developmental |
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disability services for the defendant are available in accordance |
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with Section 534.053 or 534.103, Health and Safety Code, or through |
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another mental health or intellectual and developmental disability |
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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 46B.073(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) If the defendant is charged with an offense involving |
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violence as defined by [listed in] Article 17.03 [17.032(a)] or if |
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the indictment alleges an affirmative finding under Article |
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42A.054(c) or (d), the court shall enter an order committing the |
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defendant for competency restoration services to a facility |
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designated by the commission. |
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SECTION 3. Article 46B.104, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF |
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VIOLENCE. A defendant committed to a facility as a result of |
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proceedings initiated under this chapter shall be committed to the |
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facility designated by the commission if: |
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(1) the defendant is charged with an offense involving |
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violence as defined by [listed in] Article 17.03 [17.032(a)]; or |
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(2) the indictment charging the offense alleges an |
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affirmative finding under Article 42A.054(c) or (d). |
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SECTION 4. Article 17.032, Code of Criminal Procedure, as |
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amended by this Act, applies only to a person who is arrested on or |
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after the effective date of this Act. A person arrested before the |
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effective date of this Act is governed by the law in effect on the |
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date the person was arrested, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |