Bill Text: TX HB5238 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to procedures for identifying defendants suspected of having a mental illness or intellectual disability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Criminal Jurisprudence [HB5238 Detail]
Download: Texas-2023-HB5238-Introduced.html
| 88R805 JTZ-F | ||
| By: Morales Shaw | H.B. No. 5238 | |
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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-2) and (d), Code of Criminal | ||
| Procedure, are amended to read as follows: | ||
| (b-2) 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.022, 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, 2023. | ||
