Bill Text: TX SB562 | 2019-2020 | 86th Legislature | Enrolled

---

Bill Title: Relating to criminal or juvenile procedures regarding persons who are or may be persons with a mental illness or intellectual disability and the operation and effects of successful completion of a mental health court program.

Sponsorship: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2019-06-14 - Effective immediately [SB562 Detail]

Download: Texas-2019-SB562-Enrolled.html

---

S.B. No. 562

AN ACT
relating to criminal or juvenile procedures regarding persons who
are or may be persons with a mental illness or intellectual
disability and the operation and effects of successful completion
of a mental health court program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8(a), Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Article 42A.755, including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Article 56.03;
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(7) a copy of the indictment or information for each
offense;
(8) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
(9) if prepared, a copy of a presentence or
postsentence report prepared under Subchapter F, Chapter 42A;
(10) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
(11) if prepared, a copy of the defendant's Texas
Uniform Health Status Update Form; [and]
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant; and
(13) a copy of any mental health records, mental
health screening reports, or similar information regarding the
mental health of the defendant.
SECTION 2. Article 46B.001, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.001. DEFINITIONS. In this chapter:
(1) "Adaptive behavior" means the effectiveness with
or degree to which a person meets the standards of personal
independence and social responsibility expected of the person's age
and cultural group.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Competency restoration" means the treatment or
education process for restoring a person's ability to consult with
the person's attorney with a reasonable degree of rational
understanding, including a rational and factual understanding of
the court proceedings and charges against the person.
(4) "Developmental period" means the period of a
person's life from birth through 17 years of age.
(5) "Electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(7) "Inpatient mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(8) [(2)] "Intellectual disability" means
significantly subaverage general intellectual functioning that is
concurrent with deficits in adaptive behavior and originates during
the developmental period [has the meaning assigned by Section
591.003, Health and Safety Code].
(9) [(3)] "Local mental health authority" has the
meaning assigned by Section 571.003, Health and Safety Code.
(10) [(4)] "Local intellectual and developmental
disability authority" has the meaning assigned by Section 531.002,
Health and Safety Code.
(11) [(5)] "Mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(12) [(6)] "Mental illness" means an illness,
disease, or condition, other than epilepsy, dementia, substance
abuse, or intellectual disability, that grossly impairs:
(A) a person's thought, perception of reality,
emotional process, or judgment; or
(B) behavior as demonstrated by recent disturbed
behavior [has the meaning assigned by Section 571.003, Health and
Safety Code].
(13) [(7)] "Residential care facility" has the
meaning assigned by Section 591.003, Health and Safety Code.
(14) "Subaverage general intellectual functioning"
means a measured intelligence two or more standard deviations below
the age-group mean, using a standardized psychometric instrument.
[(8) "Electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
[(9) "Competency restoration" means the treatment or
education process for restoring a person's ability to consult with
the person's attorney with a reasonable degree of rational
understanding, including a rational and factual understanding of
the court proceedings and charges against the person.]
SECTION 3. Subchapter A, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0021 to read as
follows:
Art. 46B.0021. FACILITY DESIGNATION. The commission may
designate for the commitment of a defendant under this chapter only
a facility operated by the commission or under a contract with the
commission for that purpose.
SECTION 4. 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 under Section
22.01(a)(1), Penal Code,] or if the indictment alleges an
affirmative finding under Article 42A.054(c) or (d), the court
shall enter an order committing the defendant for competency
restoration services to a [the maximum security unit of any]
facility designated by the commission [Department of State Health
Services, to an agency of the United States operating a mental
hospital, or to a Department of Veterans Affairs hospital].
SECTION 5. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0831 to read as
follows:
Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS
MANIFESTLY DANGEROUS. A defendant committed to a maximum security
unit by the commission may be assessed, at any time before the
defendant is restored to competency, by the review board
established under Section 46B.105 to determine whether the
defendant is manifestly dangerous. If the review board determines
the defendant is not manifestly dangerous, the commission shall
transfer the defendant to a non-maximum security facility
designated by the commission.
SECTION 6. Article 46B.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE. A defendant 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
commission [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).
SECTION 7. Articles 46B.105(a), (b), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) Unless a defendant committed to a maximum security unit
by the commission 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;
(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 executive 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, as a result of the danger the defendant
presents, requires continued placement in a maximum security unit.
(e) If the superintendent of the facility at which the
maximum security unit is located disagrees with the determination,
the matter shall be referred to the executive commissioner [of
state health services]. The executive commissioner shall decide
whether the defendant is manifestly dangerous.
SECTION 8. Article 46B.106(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant committed to a facility as a result of the
proceedings initiated under this chapter, other than a defendant
described by Article 46B.104, shall be committed to:
(1) a facility designated by the commission
[Department of State Health Services or the Department of Aging and
Disability Services, as appropriate]; or
(2) an outpatient treatment program.
SECTION 9. Articles 46B.107(a) and (d), Code of Criminal
Procedure, are amended to read as follows:
(a) The release of a defendant committed under this chapter
from the commission [Department of State Health Services, the
Department of Aging and Disability Services], an outpatient
treatment program, or another facility is subject to disapproval by
the committing court if the court or the attorney representing the
state has notified the head of the facility or outpatient treatment
provider, as applicable, to which the defendant has been committed
that a criminal charge remains pending against the defendant.
(d) The court shall, on receiving notice from the head of a
facility or outpatient treatment provider of intent to release the
defendant under Subsection (b) [may, on motion of the attorney
representing the state or on its own motion], hold a hearing to
determine whether release is appropriate under the applicable
criteria in Subtitle C or D, Title 7, Health and Safety Code. The
court may, on motion of the attorney representing the state or on
its own motion, hold a hearing to determine whether release is
appropriate under the applicable criteria in Subtitle C or D, Title
7, Health and Safety Code, regardless of whether the court receives
notice that the head of a facility or outpatient treatment provider
provides notice of intent to release the defendant under Subsection
(b). The court may conduct the hearing:
(1) at the facility; or
(2) by means of an electronic broadcast system as
provided by Article 46B.013.
SECTION 10. Article 46B.151(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Notwithstanding Subsection (b), a defendant placed in a
facility of the commission [Department of State Health Services or
the Department of Aging and Disability Services] pending civil
hearing under this article may be detained in that facility only
with the consent of the head of the facility and pursuant to an
order of protective custody issued under Subtitle C, Title 7,
Health and Safety Code.
SECTION 11. Articles 46C.001(1) and (2), Code of Criminal
Procedure, are amended to read as follows:
(1) "Commission" means the Health and Human Services
Commission ["Commissioner" means the commissioner of state health
services].
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission
["Department" means the Department of State Health Services].
SECTION 12. Subchapter A, Chapter 46C, Code of Criminal
Procedure, is amended by adding Article 46C.0011 to read as
follows:
Art. 46C.0011. FACILITY DESIGNATION. The commission may
designate for the commitment of a defendant under this chapter only
a facility operated by the commission or under a contract with the
commission for that purpose.
SECTION 13. Article 46C.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO
EXAMINATION. (a) For the purposes described by this chapter, the
court may order any defendant to submit to examination, including a
defendant who is free on bail. If the defendant fails or refuses to
submit to examination, the court may order the defendant to custody
for examination for a reasonable period not to exceed 21
days. Custody ordered by the court under this subsection may
include custody at a facility operated by the commission
[department].
(b) If a defendant who has been ordered to a facility
operated by the commission [department] for examination remains in
the facility for a period that exceeds 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 rules in effect at that time.
(c) The court may not order a defendant to a facility
operated by the commission [department] for examination without the
consent of the head of that facility.
SECTION 14. Article 46C.106(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The county in which the indictment was returned or
information was filed shall reimburse a facility operated by the
commission [department] that accepts a defendant for examination
under this subchapter for expenses incurred that are determined by
the commission [department] to be reasonably necessary and
incidental to the proper examination of the defendant.
SECTION 15. Article 46C.160(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The court may order a defendant detained in a facility
of the commission [department or a facility of the Department of
Aging and Disability Services] under this article only with the
consent of the head of the facility.
SECTION 16. Article 46C.202(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Notwithstanding Article 46C.201(b), a person placed in
a commission [department] facility [or a facility of the Department
of Aging and Disability Services] pending civil hearing as
described by that subsection may be detained only with the consent
of the head of the facility and under an Order of Protective Custody
issued under Subtitle C or D, Title 7, Health and Safety Code.
SECTION 17. Articles 46C.251(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The court shall order the acquitted person to be
committed for evaluation of the person's present mental condition
and for treatment to the [maximum security unit of any] facility
designated by the commission [department]. The period of
commitment under this article may not exceed 30 days.
(b) The court shall order that:
(1) a transcript of all medical testimony received in
the criminal proceeding be prepared as soon as possible by the court
reporter and the transcript be forwarded to the facility to which
the acquitted person is committed; and
(2) the following information be forwarded to the
facility and[, as applicable,] to the commission [department or the
Department of Aging and Disability Services]:
(A) the complete name, race, and gender of the
person;
(B) any known identifying number of the person,
including social security number, driver's license number, or state
identification number;
(C) the person's date of birth; and
(D) the offense of which the person was found not
guilty by reason of insanity and a statement of the facts and
circumstances surrounding the alleged offense.
SECTION 18. Article 46C.260, Code of Criminal Procedure, is
amended to read as follows:
Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
SECURITY [NONSECURE] FACILITY. (a) A person committed to a
facility under this subchapter shall be committed to a [the maximum
security unit of any] facility designated by the commission
[department].
(b) A person committed under this subchapter shall be
transferred to the designated facility [maximum security unit]
immediately on the entry of the order of commitment.
(c) Unless a [the] person committed to a maximum security
unit by the commission is determined to be manifestly dangerous by a
review board under this article [within the department], not later
than the 60th day following the date of the person's arrival at the
maximum security unit the person shall be transferred to a
non-maximum security [nonsecure] unit of a facility designated by
the commission [department or the Department of Aging and
Disability Services, as appropriate].
(d) The executive commissioner 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 illnesses or with mental retardation, to
determine whether the person is manifestly dangerous and, as a
result of the danger the person presents, requires continued
placement in a maximum security unit.
(e) If the head of the facility at which the maximum
security unit is located disagrees with the determination, then the
matter shall be referred to the executive commissioner. The
executive commissioner shall decide whether the person is
manifestly dangerous.
SECTION 19. Article 55.01, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-4) to
read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Chapter
42A for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person completed a veterans
treatment court program created under Chapter 124, Government Code,
or former law, subject to Subsection (a-3);
(b) the person completed a mental
health court program created under Chapter 125, Government Code, or
former law, subject to Subsection (a-4);
(c) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, other than a veterans treatment court program created under
Chapter 124, Government Code, or former law, or a mental health
court program created under Chapter 125, Government Code, or former
law;
(d) [(c)] the presentment had been
made because of mistake, false information, or other similar reason
indicating absence of probable cause at the time of the dismissal to
believe the person committed the offense; or
(e) [(d)] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
(a-4) A person is eligible under Subsection
(a)(2)(A)(ii)(b) for an expunction of arrest records and files only
if:
(1) the person has not previously received an
expunction of arrest records and files under that sub-subparagraph;
and
(2) the person submits to the court an affidavit
attesting to that fact.
SECTION 20. Section 1a, Article 55.02, Code of Criminal
Procedure, is amended by adding Subsection (a-2) to read as
follows:
(a-2) A trial court dismissing a case following a person's
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law, if the trial
court is a district court, or a district court in the county in
which the trial court is located may, with the consent of the
attorney representing the state, enter an order of expunction for a
person entitled to expunction under Article 55.01(a)(2)(A)(ii)(b)
not later than the 30th day after the date the court dismisses the
case or receives the information regarding that dismissal, as
applicable. Notwithstanding any other law, a court that enters an
order for expunction under this subsection may not charge any fee or
assess any cost for the expunction.
SECTION 21. Article 102.006(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In addition to any other fees required by other law and
except as provided by Subsections [Subsection] (b) and (b-1), a
petitioner seeking expunction of a criminal record in a district
court shall pay the following fees:
(1) the fee charged for filing an ex parte petition in
a civil action in district court;
(2) $1 plus postage for each certified mailing of
notice of the hearing date; and
(3) $2 plus postage for each certified mailing of
certified copies of an order of expunction.
SECTION 22. Article 102.006(b), Code of Criminal Procedure,
as amended by Chapters 693 (H.B. 322) and 1149 (H.B. 557), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if the
petitioner[:
[(1)] seeks expunction of a criminal record that
relates to an arrest for an offense of which the person was
acquitted, other than an acquittal for an offense described by
Article 55.01(c), and the petition for expunction is filed not
later than the 30th day after the date of the acquittal[; or
[(2) is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
treatment court program created under Chapter 124, Government Code,
or former law].
SECTION 23. Article 102.006, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55.01(a)(2)(A)(ii)(a) after
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; or
(2) under Article 55.01(a)(2)(A)(ii)(b) after
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law.
SECTION 24. Section 125.001, Government Code, is amended to
read as follows:
Sec. 125.001. MENTAL HEALTH COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental
health court program" means a program that has the following
essential characteristics:
(1) the integration of mental illness treatment
services and mental retardation services in the processing of cases
in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to mental illness treatment services and
mental retardation services;
(5) ongoing judicial interaction with program
participants;
(6) diversion of potentially mentally ill or mentally
retarded defendants to needed services as an alternative to
subjecting those defendants to the criminal justice system;
(7) monitoring and evaluation of program goals and
effectiveness;
(8) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(9) development of partnerships with public agencies
and community organizations, including local mental retardation
authorities.
(b) If a defendant successfully completes a mental health
court program, after notice to the attorney representing the state
and a hearing in the mental health court at which that court
determines that a dismissal is in the best interest of justice, the
mental health court shall provide to the court in which the criminal
case is pending information about the dismissal and shall include
all of the information required about the defendant for a petition
for expunction under Section 2(b), Article 55.02, Code of Criminal
Procedure. The court in which the criminal case is pending shall
dismiss the case against the defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Section
1a(a-2), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Section 1a(a-2),
Article 55.02, Code of Criminal Procedure.
SECTION 25. Chapter 125, Government Code, is amended by
adding Sections 125.0025 and 125.005 to read as follows:
Sec. 125.0025. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional mental health court program under this chapter for the
participating counties.
Sec. 125.005. PROGRAM IN CERTAIN COUNTIES MANDATORY.
(a) The commissioners court of a county with a population of more
than 200,000 shall:
(1) establish a mental health court program under
Section 125.002; and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1).
(b) A county required under this section to establish a
mental health court program shall apply for federal and state funds
available to pay the costs of the program. The criminal justice
division of the governor's office may assist a county in applying
for federal funds as required by this subsection.
(c) Notwithstanding Subsection (a), a county is required to
establish a mental health court program under this section only if:
(1) the county receives federal or state funding
specifically for that purpose in an amount sufficient to pay the
fund costs of the mental health court program; and
(2) the judge, magistrate, or coordinator receives the
verification described by Section 121.002(c)(2).
(d) A county that is required under this section to
establish a mental health court program and fails to establish or to
maintain that program is ineligible to receive grant funding from
this state or any state agency.
SECTION 26. Section 532.013(a), Health and Safety Code, is
amended to read as follows:
(a) In this section:
(1) "Forensic patient" means a person with mental
illness or a person with an intellectual disability who is:
(A) examined on the issue of competency to stand
trial by an expert appointed under Subchapter B, Chapter 46B, Code
of Criminal Procedure;
(B) found incompetent to stand trial under
Subchapter C, Chapter 46B, Code of Criminal Procedure;
(C) committed to court-ordered mental health
services under Subchapter E, Chapter 46B, Code of Criminal
Procedure; [or]
(D) found not guilty by reason of insanity under
Chapter 46C, Code of Criminal Procedure;
(E) examined on the issue of fitness to proceed
with juvenile court proceedings by an expert appointed under
Chapter 51, Family Code; or
(F) found unfit to proceed under Subchapter C,
Chapter 55, Family Code.
(2) "Forensic services" means a competency
examination, competency restoration services, or mental health or
intellectual disability services provided to a current or former
forensic patient in the community or at a department facility.
SECTION 27. (a) This Act applies only to a proceeding
under Chapter 46B or 46C, Code of Criminal Procedure, that begins on
or after the effective date of this Act, regardless of when the
defendant committed the underlying offense for which the defendant
became subject to the proceeding. A proceeding that begins before
the effective date of this Act is governed by the law in effect on
the date the proceeding began, and the former law is continued in
effect for that purpose.
(b) Except as provided by Subsection (c) of this section,
the changes in law made to Articles 55.01 and 55.02, Code of
Criminal Procedure, apply to the expunction of arrest records and
files for a person who successfully completes a mental health court
program under Chapter 125, Government Code, or former law before,
on, or after the effective date of this Act, regardless of when the
underlying arrest occurred.
(c) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act, regardless of whether the underlying arrest
occurred before, on, or after the effective date of this Act.
(d) For a person who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(b), Code of Criminal Procedure, as amended by
this Act, based on a successful completion of a mental health court
program under Chapter 125, Government Code, or former law before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-2), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court may, with the consent of
the attorney representing the state, enter an order of expunction
for the person as soon as practicable after the court receives
written notice from any party to the case about the person's
entitlement to the expunction.
SECTION 28. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 562 passed the Senate on
April 29, 2019, by the following vote: Yeas 31, Nays 0;
May 23, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 25, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 562 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 134,
Nays 7, two present not voting; May 23, 2019, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor