Bill Text: TX SB1583 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the commitment of a defendant who is found incompetent to stand trial and who is a person with an intellectual disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-21 - Referred to Criminal Justice [SB1583 Detail]

Download: Texas-2017-SB1583-Introduced.html
  85R12410 LHC-F
 
  By: Garcia S.B. No. 1583
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the commitment of a defendant who is found incompetent
  to stand trial and who is a person with an intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 46B.073(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  If the defendant is charged with an offense listed in
  Article 17.032(a), other than an offense listed in Article
  17.032(a)(6), or the indictment alleges an affirmative finding
  under Article 42A.054(c) or (d), the court shall enter an order
  committing the defendant:
               (1)  to the maximum security unit of any facility
  designated by the Department of State Health Services, to an agency
  of the United States operating a mental hospital, or to a Department
  of Veterans Affairs hospital, if the defendant is a person with
  mental illness; or
               (2)  to a forensic state supported living center
  designated under Section 555.002(a), Health and Safety Code, if the
  defendant is a person with an intellectual disability.
         SECTION 2.  Article 46B.104, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
  VIOLENCE. (a) A defendant who is a person with mental illness and
  who is committed to a facility as a result of proceedings initiated
  under this chapter shall be committed to the maximum security unit
  of any facility designated by the Department of State Health
  Services if:
               (1)  the defendant is charged with an offense listed in
  Article 17.032(a), other than an offense listed in Article
  17.032(a)(6); or
               (2)  the indictment charging the offense alleges an
  affirmative finding under Article 42A.054(c) or (d).
         (b)  A defendant who is a person with an intellectual
  disability and who is committed to a facility as a result of
  proceedings initiated under this chapter shall be committed to a
  forensic state supported living center designated under Section
  555.002(a), Health and Safety Code, if:
               (1)  the defendant is charged with an offense listed in
  Article 17.032(a), other than an offense listed in Article
  17.032(a)(6); or
               (2)  the indictment charging the offense alleges an
  affirmative finding under Article 42A.054(c) or (d).
         SECTION 3.  The heading to Article 46B.105, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 46B.105.  TRANSFER FOLLOWING CIVIL COMMITMENT
  PLACEMENT: MENTAL ILLNESS.
         SECTION 4.  Articles 46B.105(a), (b), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Unless a defendant who is a person with mental illness
  is determined to be manifestly dangerous by a review board
  established under Subsection (b), not later than the 60th day after
  the date the defendant arrives at the maximum security unit, the
  defendant shall be transferred to:
               (1)  a unit of an inpatient mental health facility
  other than a maximum security unit; or
               (2)  [a residential care facility; or
               [(3)]  a program designated by a local mental health
  authority [or a local intellectual and developmental disability
  authority].
         (b)  The commissioner of state health services shall appoint
  a review board of five members, including one psychiatrist licensed
  to practice medicine in this state and two persons who work directly
  with persons with mental illness [or an intellectual disability],
  to determine whether the defendant is manifestly dangerous and
  whether, as a result of the danger the defendant presents, the
  defendant requires continued placement in a maximum security unit.
         (d)  A finding that the defendant is not manifestly dangerous
  is not a medical determination that the defendant no longer meets
  the criteria for involuntary civil commitment under Subtitle C [or
  D], Title 7, Health and Safety Code.
         SECTION 5.  Subchapter E, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.1055 to read as
  follows:
         Art. 46B.1055.  TRANSFER FOLLOWING CIVIL COMMITMENT
  PLACEMENT: INTELLECTUAL DISABILITY. (a) Unless a defendant who is
  a person with an intellectual disability is determined to be a
  high-risk alleged offender under Section 555.003, Health and Safety
  Code, not later than the 30th day after the date the defendant
  arrives at the forensic state supported living center designated
  under Section 555.002(a) of that code, the defendant shall be
  transferred to:
               (1)  a unit of a state supported living center other
  than a forensic state supported living center; or
               (2)  a program designated by a local intellectual and
  developmental disability authority.
         (b)  In accordance with Section 555.003, Health and Safety
  Code, the defendant's interdisciplinary team shall determine
  whether the defendant is a high-risk alleged offender and whether,
  as a result of the danger the defendant presents, the defendant
  requires continued placement in a forensic state supported living
  center.
         (c)  A finding that the defendant is not a high-risk alleged
  offender is not a medical determination that the defendant no
  longer meets the criteria for involuntary civil commitment under
  Subtitle D, Title 7, Health and Safety Code.
         SECTION 6.  The change in law made by this Act applies only
  to a proceeding under Chapter 46B, Code of Criminal Procedure, that
  commences on or after the effective date of this Act, regardless of
  when the defendant may have committed the underlying offense for
  which the defendant became subject to the proceeding.
         SECTION 7.  This Act takes effect September 1, 2017.
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