Bill Text: TX SB49 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to a written report regarding a defendant suspected of having a mental illness or an intellectual disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [SB49 Detail]

Download: Texas-2021-SB49-Introduced.html
  87R2152 MAW-F
 
  By: Zaffirini S.B. No. 49
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a written report regarding a defendant suspected of
  having a mental illness or an intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 16.22, Code of Criminal Procedure, is
  amended by amending Subsection (b-1) and adding Subsection (b-2) to
  read as follows:
         (b-1)  The magistrate shall provide copies of the written
  report to:
               (1)  the defense counsel;
               (2)  [,] the attorney representing the state;
               (3)  [, and] the trial court;
               (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 and
  developmental disability services as a condition of bail.
         (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)  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.
         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, 2021.
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