Texas 2017 - 85th Regular

Texas House Bill HB4196 Compare Versions

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

Old	New	Differences
1	1	85R12410 LHC-F
2	2	By: Collier H.B. No. 4196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the commitment of a defendant who is found incompetent
8	8	to stand trial and who is a person with an intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 46B.073(c), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(c) If the defendant is charged with an offense listed in
13	13	Article 17.032(a), other than an offense listed in Article
14	14	17.032(a)(6), or the indictment alleges an affirmative finding
15	15	under Article 42A.054(c) or (d), the court shall enter an order
16	16	committing the defendant:
17	17	(1) to the maximum security unit of any facility
18	18	designated by the Department of State Health Services, to an agency
19	19	of the United States operating a mental hospital, or to a Department
20	20	of Veterans Affairs hospital, if the defendant is a person with
21	21	mental illness; or
22	22	(2) to a forensic state supported living center
23	23	designated under Section 555.002(a), Health and Safety Code, if the
24	24	defendant is a person with an intellectual disability.
25	25	SECTION 2. Article 46B.104, Code of Criminal Procedure, is
26	26	amended to read as follows:
27	27	Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
28	28	VIOLENCE. (a) A defendant who is a person with mental illness and
29	29	who is committed to a facility as a result of proceedings initiated
30	30	under this chapter shall be committed to the maximum security unit
31	31	of any facility designated by the Department of State Health
32	32	Services if:
33	33	(1) the defendant is charged with an offense listed in
34	34	Article 17.032(a), other than an offense listed in Article
35	35	17.032(a)(6); or
36	36	(2) the indictment charging the offense alleges an
37	37	affirmative finding under Article 42A.054(c) or (d).
38	38	(b) A defendant who is a person with an intellectual
39	39	disability and who is committed to a facility as a result of
40	40	proceedings initiated under this chapter shall be committed to a
41	41	forensic state supported living center designated under Section
42	42	555.002(a), Health and Safety Code, if:
43	43	(1) the defendant is charged with an offense listed in
44	44	Article 17.032(a), other than an offense listed in Article
45	45	17.032(a)(6); or
46	46	(2) the indictment charging the offense alleges an
47	47	affirmative finding under Article 42A.054(c) or (d).
48	48	SECTION 3. The heading to Article 46B.105, Code of Criminal
49	49	Procedure, is amended to read as follows:
50	50	Art. 46B.105. TRANSFER FOLLOWING CIVIL COMMITMENT
51	51	PLACEMENT: MENTAL ILLNESS.
52	52	SECTION 4. Articles 46B.105(a), (b), and (d), Code of
53	53	Criminal Procedure, are amended to read as follows:
54	54	(a) Unless a defendant who is a person with mental illness
55	55	is determined to be manifestly dangerous by a review board
56	56	established under Subsection (b), not later than the 60th day after
57	57	the date the defendant arrives at the maximum security unit, the
58	58	defendant shall be transferred to:
59	59	(1) a unit of an inpatient mental health facility
60	60	other than a maximum security unit; or
61	61	(2) [a residential care facility; or
62	62	[(3)] a program designated by a local mental health
63	63	authority [or a local intellectual and developmental disability
64	64	authority].
65	65	(b) The commissioner of state health services shall appoint
66	66	a review board of five members, including one psychiatrist licensed
67	67	to practice medicine in this state and two persons who work directly
68	68	with persons with mental illness [or an intellectual disability],
69	69	to determine whether the defendant is manifestly dangerous and
70	70	whether, as a result of the danger the defendant presents, the
71	71	defendant requires continued placement in a maximum security unit.
72	72	(d) A finding that the defendant is not manifestly dangerous
73	73	is not a medical determination that the defendant no longer meets
74	74	the criteria for involuntary civil commitment under Subtitle C [or
75	75	D], Title 7, Health and Safety Code.
76	76	SECTION 5. Subchapter E, Chapter 46B, Code of Criminal
77	77	Procedure, is amended by adding Article 46B.1055 to read as
78	78	follows:
79	79	Art. 46B.1055. TRANSFER FOLLOWING CIVIL COMMITMENT
80	80	PLACEMENT: INTELLECTUAL DISABILITY. (a) Unless a defendant who is
81	81	a person with an intellectual disability is determined to be a
82	82	high-risk alleged offender under Section 555.003, Health and Safety
83	83	Code, not later than the 30th day after the date the defendant
84	84	arrives at the forensic state supported living center designated
85	85	under Section 555.002(a) of that code, the defendant shall be
86	86	transferred to:
87	87	(1) a unit of a state supported living center other
88	88	than a forensic state supported living center; or
89	89	(2) a program designated by a local intellectual and
90	90	developmental disability authority.
91	91	(b) In accordance with Section 555.003, Health and Safety
92	92	Code, the defendant's interdisciplinary team shall determine
93	93	whether the defendant is a high-risk alleged offender and whether,
94	94	as a result of the danger the defendant presents, the defendant
95	95	requires continued placement in a forensic state supported living
96	96	center.
97	97	(c) A finding that the defendant is not a high-risk alleged
98	98	offender is not a medical determination that the defendant no
99	99	longer meets the criteria for involuntary civil commitment under
100	100	Subtitle D, Title 7, Health and Safety Code.
101	101	SECTION 6. The change in law made by this Act applies only
102	102	to a proceeding under Chapter 46B, Code of Criminal Procedure, that
103	103	commences on or after the effective date of this Act, regardless of
104	104	when the defendant may have committed the underlying offense for
105	105	which the defendant became subject to the proceeding.
106	106	SECTION 7. This Act takes effect September 1, 2017.