Bill Text: TX HB4486 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures for identifying defendants suspected of having a mental illness or intellectual disability.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB4486 Detail]
Download: Texas-2021-HB4486-Introduced.html
Bill Title: Relating to procedures for identifying defendants suspected of having a mental illness or intellectual disability.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB4486 Detail]
Download: Texas-2021-HB4486-Introduced.html
87R7482 MAW-F | ||
By: Guillen | H.B. No. 4486 |
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relating to procedures for identifying defendants suspected of | ||
having a mental illness or intellectual disability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 16.22(a)(1), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a)(1) Not later than 12 hours after the sheriff or | ||
municipal jailer having custody of a defendant [ |
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reasonable cause to believe that the defendant has a mental illness | ||
or is a person with an intellectual disability, the sheriff or | ||
municipal jailer shall provide written or electronic notice to the | ||
magistrate. The notice must include any information related to the | ||
sheriff's or municipal jailer's determination, such as information | ||
regarding the defendant's behavior immediately before, during, and | ||
after the defendant's arrest and, if applicable, the results of any | ||
previous assessment of the defendant. On a determination that | ||
there is reasonable cause to believe that the defendant has a mental | ||
illness or is a person with an intellectual disability, the | ||
magistrate, except as provided by Subdivision (2), shall order the | ||
service provider that contracts with the jail to provide mental | ||
health or intellectual and developmental disability services, the | ||
local mental health authority, the local intellectual and | ||
developmental disability authority, or another qualified mental | ||
health or intellectual and developmental disability expert to: | ||
(A) interview the defendant if the defendant has | ||
not previously been interviewed by a qualified mental health or | ||
intellectual and developmental disability expert on or after the | ||
date the defendant was arrested for the offense for which the | ||
defendant is in custody and otherwise collect information regarding | ||
whether the defendant has a mental illness as defined by Section | ||
571.003, Health and Safety Code, or is a person with an intellectual | ||
disability as defined by Section 591.003, Health and Safety Code, | ||
including, if applicable, information obtained from any previous | ||
assessment of the defendant and information regarding any | ||
previously recommended treatment or service; and | ||
(B) provide to the magistrate a written report of | ||
an interview described by Paragraph (A) and the other information | ||
collected under that paragraph on the form approved by the Texas | ||
Correctional Office on Offenders with Medical or Mental Impairments | ||
under Section 614.0032(c), Health and Safety Code. | ||
SECTION 2. Articles 16.22(b-1) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b-1) The magistrate shall provide copies of the written | ||
report to the defense counsel, the attorney representing the state, | ||
and the trial court. The written report must include a description | ||
of the procedures used in the interview and collection of other | ||
information under Subsection (a)(1)(A) and the applicable expert's | ||
observations and findings pertaining to: | ||
(1) whether the defendant is a person who has a mental | ||
illness or is a person with an intellectual disability; | ||
(2) subject to Article 46B.002, whether there is | ||
clinical evidence to support a belief that the defendant may be | ||
incompetent to stand trial and should undergo a complete competency | ||
examination under Subchapter B, Chapter 46B; and | ||
(3) any appropriate or recommended treatment or | ||
service. | ||
(d) This article does not prevent the applicable court from, | ||
before, during, or after the interview and collection of other | ||
information regarding the defendant as described by this article: | ||
(1) releasing a defendant who has a mental illness or | ||
is a person with an intellectual disability from custody on | ||
personal or surety bond, including imposing as a condition of | ||
release that the defendant submit to an examination or other | ||
assessment; or | ||
(2) subject to Article 46B.002, ordering an | ||
examination regarding the defendant's competency to stand trial. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a person who is arrested on or after the effective date of this | ||
Act. A person arrested before the effective date of this Act is | ||
governed by the law in effect on the date the person was arrested, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2021. |