Bill Text: TX SB1313 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the identification and assessment of defendants suspected of having mental illness or intellectual disability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-14 - Referred to Criminal Justice [SB1313 Detail]
Download: Texas-2017-SB1313-Introduced.html
85R12180 MAW-F | ||
By: Rodríguez | S.B. No. 1313 |
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relating to the identification and assessment of defendants | ||
suspected of having mental illness or intellectual disability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 16.22, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF | ||
HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [ |
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committed to a sheriff's custody after arrest for an offense that | ||
was committed in the sheriff's jurisdiction and that is punishable | ||
as a Class B misdemeanor or any higher category of offense. | ||
(a-1)(1) [ |
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credible information that may establish reasonable cause to believe | ||
that a defendant described by Subsection (a) [ |
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intellectual disability [ |
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observation of the defendant's behavior immediately before, | ||
during, and after the defendant's arrest and the results of any | ||
previous assessment of the defendant, the sheriff shall provide | ||
written or electronic notice of the information to the magistrate. | ||
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 [ |
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except as provided by Subdivision (2), shall order the local mental | ||
health [ |
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developmental disability authority, or another qualified mental | ||
health or intellectual disability [ |
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(A) 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 [ |
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Health and Safety Code, including information obtained from any | ||
previous assessment of the defendant; and | ||
(B) provide to the magistrate a written | ||
assessment of the information collected under Paragraph (A). | ||
(2) The magistrate is not required to order the | ||
collection of information under Subdivision (1) if the defendant in | ||
the year preceding the defendant's applicable date of arrest has | ||
been determined to have a mental illness or to be a person with an | ||
intellectual disability [ |
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health or intellectual and developmental disability [ |
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disability [ |
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(1). A court that elects to use the results of that previous | ||
determination may proceed under Subsection (d) [ |
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(3) If the defendant fails or refuses to submit to the | ||
collection of information regarding the defendant as required under | ||
Subdivision (1), the magistrate may order the defendant to submit | ||
to an examination in a mental health facility determined to be | ||
appropriate by the local mental health or intellectual and | ||
developmental disability [ |
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reasonable period not to exceed 21 days. The magistrate may order a | ||
defendant to a facility operated by the Department of State Health | ||
Services or the Health and Human Services Commission [ |
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the local mental health or intellectual and developmental | ||
disability [ |
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the head of the facility. If a defendant who has been ordered to a | ||
facility operated by the Department of State Health Services or the | ||
Health and Human Services Commission [ |
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period exceeding 21 days, the head of that facility shall cause the | ||
defendant to be immediately transported to the committing court and | ||
placed in the custody of the sheriff of the county in which the | ||
committing court is located. That county shall reimburse the | ||
facility for the mileage and per diem expenses of the personnel | ||
required to transport the defendant calculated in accordance with | ||
the state travel regulations in effect at the time. | ||
(b) A written assessment of the information collected under | ||
Subsection (a-1)(1)(A) [ |
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magistrate not later than the 30th day after the date of any order | ||
issued under Subsection (a-1) [ |
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than the 10th day after the date of any order issued under that | ||
subsection in a misdemeanor case, and the magistrate shall provide | ||
copies of the written assessment to: | ||
(1) the defense counsel; | ||
(2) [ |
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(3) [ |
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(4) the sheriff or other person responsible for the | ||
defendant's medical records while the defendant is confined in | ||
county jail; and | ||
(5) as applicable: | ||
(A) any personal bond office established under | ||
Article 17.42 for the county in which the defendant is being | ||
confined; or | ||
(B) the director of the office or department that | ||
is responsible for supervising the defendant while the defendant is | ||
released on bail and receiving mental health or intellectual | ||
disability services as a condition of bail. | ||
(c) A [ |
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include a description of the procedures used in the collection of | ||
information under Subsection (a-1)(1)(A) [ |
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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 [ |
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(2) 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) recommended treatment. | ||
(d) [ |
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expert's written assessment relating to the defendant under | ||
Subsection (b) or elects to use the results of a previous | ||
determination as described by Subsection (a-1)(2) [ |
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trial court may, as applicable: | ||
(1) resume criminal proceedings against the | ||
defendant, including any appropriate proceedings related to the | ||
defendant's release on personal bond under Article 17.032; | ||
(2) resume or initiate competency proceedings, if | ||
required, as provided by Chapter 46B or other proceedings affecting | ||
the defendant's receipt of appropriate court-ordered mental health | ||
or intellectual disability [ |
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including proceedings related to the defendant's receipt of | ||
outpatient mental health services under Section 574.034, Health and | ||
Safety Code; or | ||
(3) consider the written assessment during the | ||
punishment phase after a conviction of the offense for which the | ||
defendant was arrested, as part of a presentence investigation | ||
report, or in connection with the impositions of conditions | ||
following placement on community supervision, including deferred | ||
adjudication community supervision. | ||
(e) [ |
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court from, before, during, or after the collection of information | ||
regarding the defendant as described by this article: | ||
(1) releasing a defendant who has a mental illness | ||
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bond; or | ||
(2) ordering an examination regarding the defendant's | ||
competency to stand trial. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2017. |