Texas 2009 - 81st Regular

Texas Senate Bill SB1557 Compare Versions

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1	1	S.B. No. 1557
2	2
3	3
4	4	AN ACT
5	5	relating to the early identification of criminal defendants who are
6	6	or may be persons with mental illness or mental retardation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 16.22, Code of Criminal Procedure, is
9	9	amended to read as follows:
10	10	Art. 16.22. EARLY IDENTIFICATION [EXAMINATION AND
11	11	TRANSFER] OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR MENTAL
12	12	RETARDATION. (a)(1) Not later than 72 hours after receiving
13	13	credible information [evidence or a statement] that may establish
14	14	reasonable cause to believe that a defendant committed to the
15	15	sheriff's custody has a mental illness or is a person with mental
16	16	retardation, including observation of the defendant's behavior
17	17	immediately before, during, and after the defendant's arrest and
18	18	the results of any previous assessment of the defendant, the
19	19	sheriff shall provide written or electronic notice of the
20	20	information to the [notify a] magistrate [of that fact]. [A
21	21	defendant's behavior or the result of a prior evaluation indicating
22	22	a need for referral for further mental health or mental retardation
23	23	assessment must be considered in determining whether reasonable
24	24	cause exists to believe the defendant has a mental illness or is a
25	25	person with mental retardation.] On a determination that there is
26	26	reasonable cause to believe that the defendant has a mental illness
27	27	or is a person with mental retardation, the magistrate, except as
28	28	provided by Subdivision (2), shall order [an examination of the
29	29	defendant by] the local mental health or mental retardation
30	30	authority or another qualified mental health or mental retardation
31	31	expert to:
32	32	(A) collect information regarding [determine]
33	33	whether the defendant has a mental illness as defined by Section
34	34	571.003, Health and Safety Code, or is a person with mental
35	35	retardation as defined by Section 591.003, Health and Safety Code,
36	36	including information obtained from any previous assessment of the
37	37	defendant; and
38	38	(B) provide to the magistrate a written
39	39	assessment of the information collected under Paragraph (A).
40	40	(2) The magistrate is not required to order the
41	41	collection of information under [an examination described by]
42	42	Subdivision (1) if the defendant in the year preceding the
43	43	defendant's applicable date of arrest has been [evaluated and]
44	44	determined to have a mental illness or to be a person with mental
45	45	retardation by the local mental health or mental retardation
46	46	authority or another mental health or mental retardation expert
47	47	described by Subdivision (1). A court that elects to use the
48	48	results of that previous determination [evaluation] may proceed
49	49	under Subsection (c).
50	50	(3) If the defendant fails or refuses to submit to the
51	51	collection of information regarding the defendant as [an
52	52	examination] required under Subdivision (1), the magistrate may
53	53	order the defendant to submit to an examination in a mental health
54	54	facility determined to be appropriate by the local mental health or
55	55	mental retardation authority for a reasonable period not to exceed
56	56	21 days. The magistrate may order a defendant to a facility
57	57	operated by the Department of State Health Services or the
58	58	Department of Aging and Disability Services for examination only on
59	59	request of the local mental health or mental retardation authority
60	60	and with the consent of the head of the facility. If a defendant
61	61	who has been ordered to a facility operated by the Department of
62	62	State Health Services or the Department of Aging and Disability
63	63	Services for examination remains in the facility for a period
64	64	exceeding 21 days, the head of that facility shall cause the
65	65	defendant to be immediately transported to the committing court and
66	66	placed in the custody of the sheriff of the county in which the
67	67	committing court is located. That county shall reimburse the
68	68	facility for the mileage and per diem expenses of the personnel
69	69	required to transport the defendant calculated in accordance with
70	70	the state travel regulations in effect at the time.
71	71	(b) A written assessment of the information collected under
72	72	Subsection (a)(1)(A) [report of the examination] shall be provided
73	73	[submitted] to the magistrate not later than the 30th day after the
74	74	date of any order [of examination] issued under Subsection (a) in a
75	75	felony case and not later than the 10th day after the date of any
76	76	order [of examination] issued under that subsection in a
77	77	misdemeanor case, and the magistrate shall provide copies of the
78	78	written assessment [report] to the defense counsel, [and] the
79	79	prosecuting attorney, and the trial court. The written assessment
80	80	[report] must include a description of the procedures used in the
81	81	collection of information under Subsection (a)(1)(A) [examination]
82	82	and the applicable expert's [examiner's] observations and findings
83	83	pertaining to:
84	84	(1) whether the defendant is a person who has a mental
85	85	illness or is a person with mental retardation;
86	86	(2) whether there is clinical evidence to support a
87	87	belief that the defendant may be incompetent to stand trial and
88	88	should undergo a complete competency examination under Subchapter
89	89	B, Chapter 46B; and
90	90	(3) recommended treatment.
91	91	(c) After the trial court receives the applicable
92	92	[examining] expert's written assessment [report] relating to the
93	93	defendant under Subsection (b) or elects to use the results of a
94	94	previous determination as [an evaluation] described by Subsection
95	95	(a)(2), the trial court may, as applicable:
96	96	(1) resume criminal proceedings against the
97	97	defendant, including any appropriate proceedings related to the
98	98	defendant's release on personal bond under Article 17.032; [or]
99	99	(2) resume or initiate competency proceedings, if
100	100	required, as provided by Chapter 46B or other proceedings affecting
101	101	the defendant's receipt of appropriate court-ordered mental health
102	102	or mental retardation services, including proceedings related to
103	103	the defendant's receipt of outpatient mental health services under
104	104	Section 574.034, Health and Safety Code; or
105	105	(3) consider the written assessment during the
106	106	punishment phase after a conviction of the offense for which the
107	107	defendant was arrested, as part of a presentence investigation
108	108	report, or in connection with the impositions of conditions
109	109	following placement on community supervision, including deferred
110	110	adjudication community supervision.
111	111	(d) This article does not prevent [Nothing in this article
112	112	prevents] the applicable court from, before, during, or after the
113	113	collection of information regarding the defendant [pending an
114	114	evaluation of the defendant] as described by this article:
115	115	(1) releasing a mentally ill or mentally retarded
116	116	defendant from custody on personal or surety bond; or
117	117	(2) ordering an examination regarding the defendant's
118	118	competency to stand trial.
119	119	SECTION 2. Subsection (b), Article 17.032, Code of Criminal
120	120	Procedure, is amended to read as follows:
121	121	(b) A magistrate shall release a defendant on personal bond
122	122	unless good cause is shown otherwise if the:
123	123	(1) defendant is not charged with and has not been
124	124	previously convicted of a violent offense;
125	125	(2) defendant is examined by the local mental health
126	126	or mental retardation authority or another mental health expert
127	127	under Article 16.22 of this code;
128	128	(3) applicable [examining] expert, in a written
129	129	assessment [report] submitted to the magistrate under Article
130	130	16.22:
131	131	(A) concludes that the defendant has a mental
132	132	illness or is a person with mental retardation and is nonetheless
133	133	competent to stand trial; and
134	134	(B) recommends mental health treatment for the
135	135	defendant; and
136	136	(4) magistrate determines, in consultation with the
137	137	local mental health or mental retardation authority, that
138	138	appropriate community-based mental health or mental retardation
139	139	services for the defendant are available through the Texas
140	140	Department of Mental Health and Mental Retardation under Section
141	141	534.053, Health and Safety Code, or through another mental health
142	142	or mental retardation services provider.
143	143	SECTION 3. Subsection (d), Section 11, Article 42.12, Code
144	144	of Criminal Procedure, is amended to read as follows:
145	145	(d) If the judge places a defendant on community supervision
146	146	and the defendant is determined to have a mental illness or be a
147	147	person with mental retardation as provided by [an examining expert
148	148	under] Article 16.22 or Chapter 46B or in a psychological
149	149	evaluation conducted under Section 9(i) of this article, the judge
150	150	may require the defendant as a condition of community supervision
151	151	to submit to outpatient or inpatient mental health or mental
152	152	retardation treatment if the:
153	153	(1) defendant's:
154	154	(A) mental impairment is chronic in nature; or
155	155	(B) ability to function independently will
156	156	continue to deteriorate if the defendant does not receive mental
157	157	health or mental retardation services; and
158	158	(2) judge determines, in consultation with a local
159	159	mental health or mental retardation services provider, that
160	160	appropriate mental health or mental retardation services for the
161	161	defendant are available through the Texas Department of Mental
162	162	Health and Mental Retardation under Section 534.053, Health and
163	163	Safety Code, or through another mental health or mental retardation
164	164	services provider.
165	165	SECTION 4. The change in law made by this Act applies only
166	166	to a defendant charged with an offense committed on or after the
167	167	effective date of this Act. A defendant charged with an offense
168	168	committed before the effective date of this Act is covered by the
169	169	law in effect when the offense was committed, and the former law is
170	170	continued in effect for that purpose. For purposes of this section,
171	171	an offense was committed before the effective date of this Act if
172	172	any element of the offense occurred before that date.
173	173	SECTION 5. This Act takes effect September 1, 2009.
174	174	______________________________ ______________________________
175	175	President of the Senate Speaker of the House
176	176	I hereby certify that S.B. No. 1557 passed the Senate on
177	177	April 23, 2009, by the following vote: Yeas 30, Nays 0;
178	178	May 23, 2009, Senate refused to concur in House amendment and
179	179	requested appointment of Conference Committee; May 29, 2009, House
180	180	granted request of the Senate; May 31, 2009, Senate adopted
181	181	Conference Committee Report by the following vote: Yeas 31,
182	182	Nays 0.
183	183	______________________________
184	184	Secretary of the Senate
185	185	I hereby certify that S.B. No. 1557 passed the House, with
186	186	amendment, on May 20, 2009, by the following vote: Yeas 140,
187	187	Nays 0, two present not voting; May 29, 2009, House granted request
188	188	of the Senate for appointment of Conference Committee;
189	189	May 31, 2009, House adopted Conference Committee Report by the
190	190	following vote: Yeas 141, Nays 0, one present not voting.
191	191	______________________________
192	192	Chief Clerk of the House
193	193	Approved:
194	194	______________________________
195	195	Date
196	196	______________________________
197	197	Governor