89R4544 EAS-F

By: Jones of Harris H.B. No. 1455

A BILL TO BE ENTITLED

AN ACT

relating to the collection and reporting of information regarding mental health jail diversion.

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

SECTION 1. Subchapter B, Chapter 2B, Code of Criminal Procedure, is amended by adding Article 2B.00541 to read as follows:

Art. 2B.00541. REPORTS REQUIRED FOR INDIVIDUALS WITH SUSPECTED MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace officer who arrests an individual who the peace officer has reasonable cause to believe is an individual with mental illness or an intellectual disability or detains the individual in accordance with Subchapter A, Chapter 573, Health and Safety Code, shall report to the officer's law enforcement agency the following information:

(1) a description of the individual's behavior that led the peace officer to reasonably believe the individual is an individual with mental illness or an intellectual disability, including:

(A) behavioral indications of mental illness or intellectual disability;

(B) verbal indications of distress by the individual or a bystander;

(C) physical injuries incurred before or during the arrest; and

(D) any medical treatment provided during the arrest;

(2) the initial reason for the individual's arrest;

(3) whether the officer conducted a search and whether the individual consented to the search;

(4) any contraband or other evidence discovered in the course of the officer's search and a description of the contraband or evidence;

(5) the reason for the officer's search, including whether:

(A) any contraband or other evidence was in plain view;

(B) any probable cause or reasonable suspicion existed to perform the search; or

(C) the search was performed as a result of:

(i) the towing of the motor vehicle; or

(ii) the arrest of any individual in the motor vehicle;

(6) whether the law enforcement agency made a good faith effort to divert an individual suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center, as described by Article 16.23;

(7) whether the officer used restraint against the individual; and

(8) whether the officer used physical force during the stop resulting in bodily injury, as that term is defined by Section 1.07, Penal Code.

(b) The arresting officer shall provide the report described by Subsection (a) to the sheriff or municipal jailer at the time the defendant is transferred into the custody of the sheriff or jailer.

(c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (a) to ensure the agency complies with this article by reporting all the required information.

SECTION 2. Articles 2B.0055(a) and (c), Code of Criminal Procedure, are amended to read as follows:

(a) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Articles [Article] 2B.0054 and 2B.00541.

(c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed. The report must include:

(1) a comparative analysis of the information compiled under Article 2B.0054 to:

(A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of:

(i) individuals recognized as members of racial or ethnic minority groups; and

(ii) individuals not recognized as members of racial or ethnic minority groups;

(B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the individuals affected, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and

(C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered during those searches; [and]

(2) a comparative analysis of the information compiled under Article 2B.00541 to:

(A) examine the initial reason a peace officer arrested an individual who the officer had reasonable cause to believe is an individual with mental illness or an intellectual disability;

(B) examine discrepancies between successful and unsuccessful attempted diversions of individuals with mental illness or an intellectual disability from criminal justice involvement; and

(C) evaluate the peace officer's use of restraints and force against individuals who the officer has reasonable cause to believe are individuals with mental illness or an intellectual disability; and

(3) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.

SECTION 3. Section 511.0101(a), Government Code, is amended to read as follows:

(a) Each county shall submit to the commission on or before the fifth day of each month a report containing the following information:

(1) the number of prisoners confined in the county jail on the first day of the month, classified on the basis of the following categories:

(A) total prisoners;

(B) pretrial Class C misdemeanor offenders;

(C) pretrial Class A and B misdemeanor offenders;

(D) convicted misdemeanor offenders;

(E) felony offenders whose penalty has been reduced to a misdemeanor;

(F) pretrial felony offenders;

(G) convicted felony offenders;

(H) prisoners detained on bench warrants;

(I) prisoners detained for parole violations;

(J) prisoners detained for federal officers;

(K) prisoners awaiting transfer to the institutional division of the Texas Department of Criminal Justice following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom paperwork and processing required for transfer have been completed;

(L) prisoners detained after having been transferred from another jail and for whom the commission has made a payment under Subchapter F, Chapter 499, Government Code;

(M) prisoners for whom an immigration detainer has been issued by United States Immigration and Customs Enforcement;

(N) female prisoners; and

(O) other prisoners;

(2) the total capacity of the county jail on the first day of the month;

(3) the total number of prisoners who were confined in the county jail during the preceding month, based on a count conducted on each day of that month, who were known or had been determined to be pregnant;

(4) the total cost to the county during the preceding month of housing prisoners described by Subdivision (1)(M), calculated based on the average daily cost of housing a prisoner in the county jail; [and]

(5) information on prisoners in the county jail who the sheriff has reasonable cause to believe are individuals with mental illness or an intellectual disability, including:

(A) the number of mental health or intellectual and developmental disability screenings completed in the jail;

(B) the number of notifications a sheriff or municipal jailer provided to a magistrate, as required by Article 16.22(a)(1), Code of Criminal Procedure;

(C) the number of mental health or intellectual and developmental disability interviews conducted, as required by Article 16.22(a)(1), Code of Criminal Procedure;

(D) the locations of the interviews described by Paragraph (C);

(E) whether the interviews described by Paragraph (C) were conducted in person in the jail, by telephone, through a telemedicine medical service or telehealth service, or through any other method; and

(F) the outcomes of the interviews described by Paragraph (C); and

(6) certification by the reporting official that the information in the report is accurate.

SECTION 4. Section 1701.164, Occupations Code, is amended to read as follows:

Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2B.0055, Code of Criminal Procedure, including incident-based data compiled by a law enforcement agency from reports received by the law enforcement agency under Articles [Article] 2B.0054 and 2B.00541 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2B.0055, Code of Criminal Procedure.

SECTION 5. A county shall submit the first report required by Section 511.0101, Government Code, as amended by this Act, not later than October 5, 2025.

SECTION 6. This Act takes effect September 1, 2025.