Texas 2009 - 81st Regular

Texas Senate Bill SB1505 Compare Versions

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1	1	By: Whitmire S.B. No. 1505
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the arrest and release on bail or other form of bond of
7	7	certain criminal defendants with a mental illness or with mental
8	8	retardation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Article 14.03, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(a) Any peace officer may arrest, without warrant:
13	13	(1) persons found in suspicious places and under
14	14	circumstances which reasonably show that such persons have been
15	15	guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
16	16	breach of the peace, or offense under Section 49.02, Penal Code, or
17	17	threaten, or are about to commit some offense against the laws;
18	18	(2) persons who the peace officer has probable cause
19	19	to believe have committed an assault resulting in bodily injury to
20	20	another person and the peace officer has probable cause to believe
21	21	that there is danger of further bodily injury to that person;
22	22	(3) persons who the peace officer has probable cause
23	23	to believe have committed an offense defined by Section 25.07,
24	24	Penal Code (violation of Protective Order), or by Section 38.112,
25	25	Penal Code (violation of Protective Order issued on basis of sexual
26	26	assault), if the offense is not committed in the presence of the
27	27	peace officer;
28	28	(4) persons who the peace officer has probable cause
29	29	to believe have committed an offense involving family violence;
30	30	(5) persons who the peace officer has probable cause
31	31	to believe have prevented or interfered with an individual's
32	32	ability to place a telephone call in an emergency, as defined by
33	33	Section 42.062(d), Penal Code, if the offense is not committed in
34	34	the presence of the peace officer; [or]
35	35	(6) a person who makes a statement to the peace officer
36	36	that would be admissible against the person under Article 38.21 and
37	37	establishes probable cause to believe that the person has committed
38	38	a felony; or
39	39	(7) a person who the peace officer has probable cause
40	40	to believe has violated a condition of release on bail or other form
41	41	of bond under Article 17.032 or 17.455.
42	42	SECTION 2. Article 17.032, Code of Criminal Procedure, is
43	43	amended by adding Subsection (b-1) and amending Subsections (c) and
44	44	(d) to read as follows:
45	45	(b-1) Unless good cause is shown otherwise, if the
46	46	requirements specified by Subsections (b)(2), (3), and (4) are
47	47	satisfied, the court before whom the criminal case is pending may
48	48	release on personal bond a defendant who is charged with or has been
49	49	previously convicted of a violent offense.
50	50	(c) The applicable court [magistrate], unless good cause is
51	51	shown for not requiring treatment, shall require as a condition of
52	52	release on personal bond under Subsection (b) or (b-1) [this
53	53	article] that the defendant submit to outpatient or inpatient
54	54	mental health or mental retardation treatment as recommended by the
55	55	local mental health or mental retardation authority if the
56	56	defendant's:
57	57	(1) mental illness or mental retardation is chronic in
58	58	nature; or
59	59	(2) ability to function independently will continue to
60	60	deteriorate if the defendant is not treated.
61	61	(d) In addition to a condition of release imposed under
62	62	Subsection (c) [of this article], the applicable court [magistrate]
63	63	may require the defendant to comply with other conditions that are
64	64	reasonably necessary to protect the community.
65	65	SECTION 3. Chapter 17, Code of Criminal Procedure, is
66	66	amended by adding Article 17.455 to read as follows:
67	67	Art. 17.455. CONDITIONS REQUIRING SUBMISSION TO MENTAL
68	68	HEALTH OR MENTAL RETARDATION TREATMENT. (a) A magistrate may
69	69	require as a condition of a defendant's release on bond, other than
70	70	a release on personal bond, that the defendant submit to outpatient
71	71	or inpatient mental health or mental retardation treatment, as
72	72	recommended by the applicable local mental health or mental
73	73	retardation authority, if:
74	74	(1) the requirements of Articles 17.032(b)(2),
75	75	(b)(3), and (b)(4) are satisfied with respect to the defendant in
76	76	the same manner as if the defendant were being released on personal
77	77	bond; and
78	78	(2) the defendant's mental illness or mental
79	79	retardation:
80	80	(A) is chronic; or
81	81	(B) will continue to interfere with the
82	82	defendant's ability to function independently if the defendant does
83	83	not receive treatment.
84	84	(b) An order for treatment under this article may require
85	85	the defendant to receive services and to reside at a local mental
86	86	health facility or residential care facility, as applicable, during
87	87	the period of the defendant's release.
88	88	SECTION 4. The change in law made by this Act in amending
89	89	Article 17.032, Code of Criminal Procedure, and adding Article
90	90	17.455, Code of Criminal Procedure, applies only to a defendant's
91	91	release on bail or other form of bond on or after the effective date
92	92	of this Act. A defendant's release on bail or other form of bond
93	93	before the effective date of this Act is governed by the law in
94	94	effect when the defendant was released, and the former law is
95	95	continued in effect for that purpose.
96	96	SECTION 5. This Act takes effect September 1, 2009.