Bill Text: TX SB562 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2019-06-14 - Effective immediately [SB562 Detail]
Download: Texas-2019-SB562-Introduced.html
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.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2019-06-14 - Effective immediately [SB562 Detail]
Download: Texas-2019-SB562-Introduced.html
86R1778 GCB-F | ||
By: Zaffirini | S.B. No. 562 |
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relating to the delivery of certain mental health information | ||
regarding a defendant transferred from a county to the custody of | ||
the Texas Department of Criminal Justice, the commitment of certain | ||
defendants for competency restoration, and the use of | ||
telepsychiatry in determining whether a defendant is manifestly | ||
dangerous before commitment. | ||
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; [ |
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(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. Articles 46B.073(c) and (d), Code of Criminal | ||
Procedure, are 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 the indictment alleges an affirmative finding under | ||
Article 42A.054(c) or (d), the court may [ |
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committing the defendant for competency restoration services 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. The court may base its decision whether to commit the | ||
defendant to a facility described by this subsection on a | ||
determination made by a review board established under Article | ||
46B.105(b) that the defendant is manifestly dangerous. The court | ||
may request that the review board make a determination of whether | ||
the defendant is manifestly dangerous in the manner provided by | ||
Article 46B.105(b-1), including by assessing the defendant through | ||
telepsychiatry. If the court requests a review board to make a | ||
recommendation under this subsection, Article 46B.105(e) does not | ||
apply to the determination made by the review board and the review | ||
board shall provide its determination directly to the court. | ||
(d) The court shall enter an order committing a defendant to | ||
whom this article applies and who is not committed to a facility [ |
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Subsection (c) [ |
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residential care facility determined to be appropriate by the local | ||
mental health authority or local intellectual and developmental | ||
disability authority or to a jail-based competency restoration | ||
program. A defendant may be committed to a jail-based competency | ||
restoration program only if the program provider determines the | ||
defendant will begin to receive competency restoration services | ||
within 72 hours of arriving at the program. | ||
SECTION 3. Article 46B.105, Code of Criminal Procedure, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) A review board established under Subsection (b) may | ||
make a determination of whether a defendant is manifestly dangerous | ||
by assessing the defendant through telepsychiatry and by reviewing | ||
appropriate records necessary for an assessment of the danger the | ||
defendant presents, as provided by rules adopted for that purpose | ||
by the executive commissioner of the Health and Human Services | ||
Commission. In this subsection, "telepsychiatry" means the | ||
practice of psychiatry, including conducting a psychiatric | ||
evaluation, through videoconferencing or similar technology that | ||
allows a psychiatrist to interact with another person without being | ||
present at the same location as that person. | ||
SECTION 4. The change in law made by this Act to Article | ||
46B.073, Code of Criminal Procedure, applies to an order for | ||
commitment entered under that article on or after the effective | ||
date of this Act, regardless of when the offense with which the | ||
defendant is charged was committed. | ||
SECTION 5. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt or amend rules regarding a | ||
determination of whether a defendant is manifestly dangerous as | ||
necessary to conform with the changes in law made by this Act to | ||
Articles 46B.073 and 46B.105, Code of Criminal Procedure. | ||
SECTION 6. This Act takes effect September 1, 2019. |