Texas 2017 - 85th Regular

Texas House Bill HB3638 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12180 MAW-F
2	2	By: Ortega H.B. No. 3638
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the identification and assessment of defendants
8	8	suspected of having mental illness or intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 16.22, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
13	13	HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
14	14	RETARDATION]. (a) This article applies only to a defendant who is
15	15	committed to a sheriff's custody after arrest for an offense that
16	16	was committed in the sheriff's jurisdiction and that is punishable
17	17	as a Class B misdemeanor or any higher category of offense.
18	18	(a-1)(1) [(a)(1)] Not later than 72 hours after receiving
19	19	credible information that may establish reasonable cause to believe
20	20	that a defendant described by Subsection (a) [committed to the
21	21	sheriff's custody] has a mental illness or is a person with an
22	22	intellectual disability [mental retardation], including
23	23	observation of the defendant's behavior immediately before,
24	24	during, and after the defendant's arrest and the results of any
25	25	previous assessment of the defendant, the sheriff shall provide
26	26	written or electronic notice of the information to the magistrate.
27	27	On a determination that there is reasonable cause to believe that
28	28	the defendant has a mental illness or is a person with an
29	29	intellectual disability [mental retardation], the magistrate,
30	30	except as provided by Subdivision (2), shall order the local mental
31	31	health [or mental retardation] authority, local intellectual and
32	32	developmental disability authority, or another qualified mental
33	33	health or intellectual disability [mental retardation] expert to:
34	34	(A) collect information regarding whether the
35	35	defendant has a mental illness as defined by Section 571.003,
36	36	Health and Safety Code, or is a person with an intellectual
37	37	disability [mental retardation] as defined by Section 591.003,
38	38	Health and Safety Code, including information obtained from any
39	39	previous assessment of the defendant; and
40	40	(B) provide to the magistrate a written
41	41	assessment of the information collected under Paragraph (A).
42	42	(2) The magistrate is not required to order the
43	43	collection of information under Subdivision (1) if the defendant in
44	44	the year preceding the defendant's applicable date of arrest has
45	45	been determined to have a mental illness or to be a person with an
46	46	intellectual disability [mental retardation] by the local mental
47	47	health or intellectual and developmental disability [mental
48	48	retardation] authority or another mental health or intellectual
49	49	disability [mental retardation] expert described by Subdivision
50	50	(1). A court that elects to use the results of that previous
51	51	determination may proceed under Subsection (d) [(c)].
52	52	(3) If the defendant fails or refuses to submit to the
53	53	collection of information regarding the defendant as required under
54	54	Subdivision (1), the magistrate may order the defendant to submit
55	55	to an examination in a mental health facility determined to be
56	56	appropriate by the local mental health or intellectual and
57	57	developmental disability [mental retardation] authority for a
58	58	reasonable period not to exceed 21 days. The magistrate may order a
59	59	defendant to a facility operated by the Department of State Health
60	60	Services or the Health and Human Services Commission [Department of
61	61	Aging and Disability Services] for examination only on request of
62	62	the local mental health or intellectual and developmental
63	63	disability [mental retardation] authority and with the consent of
64	64	the head of the facility. If a defendant who has been ordered to a
65	65	facility operated by the Department of State Health Services or the
66	66	Health and Human Services Commission [Department of Aging and
67	67	Disability Services] for examination remains in the facility for a
68	68	period exceeding 21 days, the head of that facility shall cause the
69	69	defendant to be immediately transported to the committing court and
70	70	placed in the custody of the sheriff of the county in which the
71	71	committing court is located. That county shall reimburse the
72	72	facility for the mileage and per diem expenses of the personnel
73	73	required to transport the defendant calculated in accordance with
74	74	the state travel regulations in effect at the time.
75	75	(b) A written assessment of the information collected under
76	76	Subsection (a-1)(1)(A) [(a)(1)(A)] shall be provided to the
77	77	magistrate not later than the 30th day after the date of any order
78	78	issued under Subsection (a-1) [(a)] in a felony case and not later
79	79	than the 10th day after the date of any order issued under that
80	80	subsection in a misdemeanor case, and the magistrate shall provide
81	81	copies of the written assessment to:
82	82	(1) the defense counsel;
83	83	(2) [,] the prosecuting attorney;
84	84	(3) [, and] the trial court;
85	85	(4) the sheriff or other person responsible for the
86	86	defendant's medical records while the defendant is confined in
87	87	county jail; and
88	88	(5) as applicable:
89	89	(A) any personal bond office established under
90	90	Article 17.42 for the county in which the defendant is being
91	91	confined; or
92	92	(B) the director of the office or department that
93	93	is responsible for supervising the defendant while the defendant is
94	94	released on bail and receiving mental health or intellectual
95	95	disability services as a condition of bail.
96	96	(c) A [The] written assessment under this article must
97	97	include a description of the procedures used in the collection of
98	98	information under Subsection (a-1)(1)(A) [(a)(1)(A)] and the
99	99	applicable expert's observations and findings pertaining to:
100	100	(1) whether the defendant is a person who has a mental
101	101	illness or is a person with an intellectual disability [mental
102	102	retardation];
103	103	(2) whether there is clinical evidence to support a
104	104	belief that the defendant may be incompetent to stand trial and
105	105	should undergo a complete competency examination under Subchapter
106	106	B, Chapter 46B; and
107	107	(3) recommended treatment.
108	108	(d) [(c)] After the trial court receives the applicable
109	109	expert's written assessment relating to the defendant under
110	110	Subsection (b) or elects to use the results of a previous
111	111	determination as described by Subsection (a-1)(2) [(a)(2)], the
112	112	trial court may, as applicable:
113	113	(1) resume criminal proceedings against the
114	114	defendant, including any appropriate proceedings related to the
115	115	defendant's release on personal bond under Article 17.032;
116	116	(2) resume or initiate competency proceedings, if
117	117	required, as provided by Chapter 46B or other proceedings affecting
118	118	the defendant's receipt of appropriate court-ordered mental health
119	119	or intellectual disability [mental retardation] services,
120	120	including proceedings related to the defendant's receipt of
121	121	outpatient mental health services under Section 574.034, Health and
122	122	Safety Code; or
123	123	(3) consider the written assessment during the
124	124	punishment phase after a conviction of the offense for which the
125	125	defendant was arrested, as part of a presentence investigation
126	126	report, or in connection with the impositions of conditions
127	127	following placement on community supervision, including deferred
128	128	adjudication community supervision.
129	129	(e) [(d)] This article does not prevent the applicable
130	130	court from, before, during, or after the collection of information
131	131	regarding the defendant as described by this article:
132	132	(1) releasing a defendant who has a mental illness
133	133	[mentally ill] or is a person with an intellectual disability
134	134	[mentally retarded defendant] from custody on personal or surety
135	135	bond; or
136	136	(2) ordering an examination regarding the defendant's
137	137	competency to stand trial.
138	138	SECTION 2. The change in law made by this Act applies only
139	139	to a person who is arrested on or after the effective date of this
140	140	Act. A person arrested before the effective date of this Act is
141	141	governed by the law in effect on the date the person was arrested,
142	142	and the former law is continued in effect for that purpose.
143	143	SECTION 3. This Act takes effect September 1, 2017.