85R12410 LHC-F
By: Collier H.B. No. 4196
A BILL TO BE ENTITLED
AN ACT
relating to the commitment of a defendant who is found incompetent
to stand trial and who is a person with an intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46B.073(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6), or the indictment alleges an affirmative finding
under Article 42A.054(c) or (d), the court shall enter an order
committing the defendant:
(1) to the maximum security unit of any facility
designated by the Department of State Health Services, to an agency
of the United States operating a mental hospital, or to a Department
of Veterans Affairs hospital, if the defendant is a person with
mental illness; or
(2) to a forensic state supported living center
designated under Section 555.002(a), Health and Safety Code, if the
defendant is a person with an intellectual disability.
SECTION 2. Article 46B.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE. (a) A defendant who is a person with mental illness and
who is committed to a facility as a result of proceedings initiated
under this chapter shall be committed to the maximum security unit
of any facility designated by the Department of State Health
Services if:
(1) the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6); or
(2) the indictment charging the offense alleges an
affirmative finding under Article 42A.054(c) or (d).
(b) A defendant who is a person with an intellectual
disability and who is committed to a facility as a result of
proceedings initiated under this chapter shall be committed to a
forensic state supported living center designated under Section
555.002(a), Health and Safety Code, if:
(1) the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6); or
(2) the indictment charging the offense alleges an
affirmative finding under Article 42A.054(c) or (d).
SECTION 3. The heading to Article 46B.105, Code of Criminal
Procedure, is amended to read as follows:
Art. 46B.105. TRANSFER FOLLOWING CIVIL COMMITMENT
PLACEMENT: MENTAL ILLNESS.
SECTION 4. Articles 46B.105(a), (b), and (d), Code of
Criminal Procedure, are amended to read as follows:
(a) Unless a defendant who is a person with mental illness
is determined to be manifestly dangerous by a review board
established under Subsection (b), not later than the 60th day after
the date the defendant arrives at the maximum security unit, the
defendant shall be transferred to:
(1) a unit of an inpatient mental health facility
other than a maximum security unit; or
(2) [a residential care facility; or
[(3)] a program designated by a local mental health
authority [or a local intellectual and developmental disability
authority].
(b) The commissioner of state health services shall appoint
a review board of five members, including one psychiatrist licensed
to practice medicine in this state and two persons who work directly
with persons with mental illness [or an intellectual disability],
to determine whether the defendant is manifestly dangerous and
whether, as a result of the danger the defendant presents, the
defendant requires continued placement in a maximum security unit.
(d) A finding that the defendant is not manifestly dangerous
is not a medical determination that the defendant no longer meets
the criteria for involuntary civil commitment under Subtitle C [or
D], Title 7, Health and Safety Code.
SECTION 5. Subchapter E, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.1055 to read as
follows:
Art. 46B.1055. TRANSFER FOLLOWING CIVIL COMMITMENT
PLACEMENT: INTELLECTUAL DISABILITY. (a) Unless a defendant who is
a person with an intellectual disability is determined to be a
high-risk alleged offender under Section 555.003, Health and Safety
Code, not later than the 30th day after the date the defendant
arrives at the forensic state supported living center designated
under Section 555.002(a) of that code, the defendant shall be
transferred to:
(1) a unit of a state supported living center other
than a forensic state supported living center; or
(2) a program designated by a local intellectual and
developmental disability authority.
(b) In accordance with Section 555.003, Health and Safety
Code, the defendant's interdisciplinary team shall determine
whether the defendant is a high-risk alleged offender and whether,
as a result of the danger the defendant presents, the defendant
requires continued placement in a forensic state supported living
center.
(c) A finding that the defendant is not a high-risk alleged
offender is not a medical determination that the defendant no
longer meets the criteria for involuntary civil commitment under
Subtitle D, Title 7, Health and Safety Code.
SECTION 6. The change in law made by this Act applies only
to a proceeding under Chapter 46B, Code of Criminal Procedure, that
commences on or after the effective date of this Act, regardless of
when the defendant may have committed the underlying offense for
which the defendant became subject to the proceeding.
SECTION 7. This Act takes effect September 1, 2017.