Bill Text: TX SB2479 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB2479 Detail]

Download: Texas-2023-SB2479-Engrossed.html

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By: Zaffirini S.B. No. 2479

A BILL TO BE ENTITLED
AN ACT
relating to procedures regarding certain persons who are or may be
persons with a mental illness or intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 16.22(a), (b-2), and (d), Code of
Criminal Procedure, are amended to read as follows:
(a)(1) Not later than 12 hours after the sheriff or
municipal jailer having custody of a defendant [for an offense
punishable as a Class B misdemeanor or any higher category of
offense] receives credible information that may establish
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.
(2) The magistrate is not required to order the
interview and collection of other information under Subdivision (1)
if the defendant:
(A) is no longer in custody;
(B) [or 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 by 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 mental health or
intellectual and developmental disability expert described by
Subdivision (1); or
(C) was only arrested or charged with an offense
punishable as a Class C misdemeanor.
(3) A court that elects to use the results of a [that
previous] determination described by Subdivision (2)(B) may
proceed under Subsection (c).
(4) [(3)] If the defendant fails or refuses to submit
to the interview and collection of other information regarding the
defendant as required under Subdivision (1), the magistrate may
order the defendant to submit to an examination in a jail, or in
another place determined to be appropriate by the local mental
health authority or local intellectual and developmental
disability authority, for a reasonable period not to exceed 72
hours. If applicable, the county in which the committing court is
located shall reimburse the local mental health authority or local
intellectual and developmental disability authority 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-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.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 2. Article 17.03(b-2), Code of Criminal Procedure,
is amended to read as follows:
(b-2) Except as provided by Articles 15.21, 17.032, 17.033,
and 17.151, a defendant may not be released on personal bond if the
defendant:
(1) is charged with an offense involving violence; or
(2) while released on bail or community supervision
for an offense involving violence, is charged with committing:
(A) any offense punishable as a felony; or
(B) an offense under the following provisions of
the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct);
(iii) Section 22.07 (terroristic threat);
or
(iv) Section 42.01(a)(7) or (8) (disorderly
conduct involving firearm).
SECTION 3. Section 573.012, Health and Safety Code, is
amended by adding Subsection (d-1) and amending Subsection (h) to
read as follows:
(d-1) A peace officer who transports an apprehended person
to a facility in accordance with this section:
(1) is not required to remain at the facility while the
person is medically screened or treated or while the person's
insurance coverage is verified; and
(2) may leave the facility immediately after:
(A) the person is taken into custody by
appropriate facility staff; and
(B) the peace officer provides to the facility
the required documentation.
(h) A judge or magistrate may permit an applicant who is a
physician or a licensed mental health professional employed by a
local mental health authority to present an application by:
(1) e-mail with the application attached as a secure
document in a portable document format (PDF); or
(2) secure electronic means, including:
(A) satellite transmission;
(B) closed-circuit television transmission; or
(C) any other method of two-way electronic
communication that:
(i) is secure;
(ii) is available to the judge or
magistrate; and
(iii) provides for a simultaneous,
compressed full-motion video and interactive communication of
image and sound between the judge or magistrate and the applicant.
SECTION 4. Section 574.106, Health and Safety Code, is
amended by adding Subsection (m) to read as follows:
(m) An order issued under this section authorizes the taking
of a patient's blood sample to conduct reasonable and medically
necessary evaluations and laboratory tests to safely administer a
psychoactive medication authorized by the order.
SECTION 5. This Act takes effect September 1, 2023.