Texas Senate Bill SB432

Texas 2019 - 86th Regular

Caption

Relating to procedures for identifying or releasing on personal bond criminal defendants suspected of having a mental illness or intellectual disability.

Impact

The law impacts the Code of Criminal Procedure, particularly Article 16.22, by emphasizing the need for prompt identification of mental health conditions among defendants. It also reinforces the importance of proceeding with caution regarding release on personal bond for these individuals, ensuring that their mental health needs are adequately considered. This is expected to lead to better outcomes for defendants with mental health concerns and reduce the likelihood of releasing individuals who may pose a risk to themselves or others without appropriate support.

Summary

Senate Bill 432 introduces significant changes to the procedures for identifying and releasing criminal defendants suspected of having a mental illness or intellectual disability. This bill mandates that law enforcement must notify a magistrate within 12 hours if there is credible information indicating that a defendant might have mental health issues. It requires a timely assessment by mental health professionals and establishes procedures to ensure that defendants receive appropriate evaluations and treatment recommendations before they can be released on personal bond.

Contention

While the bill is designed to provide critical protections and interventions for vulnerable defendants, it has faced some contention. Critics argue that there may be risks of stigmatizing individuals with mental health conditions or intellectual disabilities. Additionally, there are concerns regarding the resources available for proper assessments and treatments, which could impact the effectiveness of the provisions outlined in the bill. Balancing the need for public safety with the rights and needs of defendants remains a crucial point of discussion as the bill progresses.