Texas 2023 - 88th Regular

Texas Senate Bill SB2479

Filed
3/10/23  
Out of Senate Committee
4/26/23  
Voted on by Senate
5/3/23  
Out of House Committee
5/11/23  
Voted on by House
5/24/23  
Governor Action
6/18/23  

Caption

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

Impact

With the implementation of SB 2479, the law intends to improve interactions between law enforcement, the judicial system, and those with mental health issues. The bill introduces amendments to existing legal procedures, including deadlines for informing magistrates about potential mental health concerns. This could significantly affect how defendants with mental disabilities are treated within the legal framework, potentially leading to more compassionate and effective handling of their cases. By enhancing the integration of health evaluations into the judicial process, the bill aims to reduce the burden on jails and improve mental health outcomes.

Summary

Senate Bill 2479, introduced by Senator Zain, focuses on enhancing procedures for individuals who may have a mental illness or intellectual disability within the Texas judicial system. The bill aims to streamline the judicial process involving these individuals by ensuring that appropriate mental health evaluations are conducted and that necessary treatments are recommended. It establishes a framework for law enforcement and jail personnel to assess the mental health status of individuals in custody and mandates communication with mental health authorities to facilitate the proper handling of these cases.

Sentiment

Overall, the sentiment surrounding SB 2479 appears to be positive, especially among mental health advocates and legal reformers. Supporters, including members of the Texas Supreme Court and various mental health organizations, believe that the bill could lead to necessary reforms that would address persistent gaps in mental health treatment within the justice system. However, there remains concern from some constituents and advocates who question whether the measures are sufficient to adequately protect the rights and needs of individuals with mental health disorders.

Contention

One point of contention emerged regarding the balance of safety and substantive treatment for individuals with mental illnesses in the criminal justice system. Some advocates worry that while the bill simplifies procedures, it may inadvertently lead to insufficient safeguards for those deemed mentally competent yet still requiring help. The successful passage of SB 2479 indicates a legislative intent to prioritize mental health concerns, but the discussions surrounding the bill highlight the complexities in ensuring both safety and therapeutic support for at-risk populations.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 16. The Commitment Or Discharge Of The Accused
    • Section: 22
    • Section: 22
    • Section: 22
    • Section: New Section
  • Chapter 17. Bail
    • Section: New Section
    • Section: 03
    • Section: New Section
  • Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
    • Section: New Section

Health And Safety Code

  • Chapter 573. Emergency Detention
    • Section: 012
    • Section: 012
    • Section: 012
    • Section: 012
  • Chapter 574. Court-ordered Mental Health Services
    • Section: 106
    • Section: 106
    • Section: 106
    • Section: 106
    • Section: 106

Family Code

  • Chapter 51. General Provisions
    • Section: 20
  • Chapter 55. Proceedings Concerning Children With Mental Illness Or Intellectual Disability
    • Section: New Section

Companion Bills

TX HB5088

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

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