Texas 2019 - 86th Regular

Texas House Bill HB1320

Caption

Relating to the operation of, participation in, and effects of successful completion of a mental health court program.

Impact

The passage of HB 1320 is expected to have a significant impact on the treatment of defendants with mental health issues, by legally mandating the establishment of mental health court programs in larger counties. This change aims to create a more supportive environment for such individuals, facilitating access to necessary treatment while also potentially reducing recidivism rates. Additionally, it sets parameters for diverting mentally ill defendants from standard criminal procedures to more accommodating judicial processes that focus on rehabilitation and ongoing support.

Summary

House Bill 1320 focuses on the operation and establishment of mental health court programs within Texas. The bill amends the Code of Criminal Procedure to allow individuals who successfully complete a mental health court program to have their arrest records expunged. This process enables those involved in the judicial system due to mental health issues to have a fresh start, free from the stigma of a criminal record. The bill emphasizes the integration of mental illness treatments within the judicial process, thereby promoting alternatives to traditional punitive measures for defendants with mental health concerns.

Sentiment

The sentiment surrounding HB 1320 is largely positive among mental health advocates and some lawmakers who see it as a progressive step forward in mental health and criminal justice reform. They argue that it reflects a growing recognition of the importance of mental health in the judicial system, aligning with broader societal shifts towards addressing mental health issues more compassionately. However, there may be some contention regarding the resources needed to implement these programs effectively and the necessity of ensuring that they are adequately funded and staffed.

Contention

Notable points of contention may arise concerning the feasibility of implementing mandated mental health court programs in counties, especially smaller ones that may lack the necessary resources. Concerns about whether the requisite funding will be available, how the effectiveness of these programs will be measured, and how to address community needs effectively will be significant discussions as the bill is set into motion. Ensuring that these courts have the capacity to provide valuable services without overburdening local budgets remains a critical consideration.

Companion Bills

TX SB2396

Same As Relating to the operation of, participation in, and effects of successful completion of a mental health court program.

Previously Filed As

TX HB1405

Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.

TX SB1020

Relating to the automatic expunction of arrest records and files for certain public safety employees who successfully complete a public safety employees treatment court program.

TX HB1977

Relating to the creation of a pretrial intervention program for certain youth offenders; authorizing a fee.

TX HB3686

Relating to the automatic expunction of arrest records and files after certain controlled substance offense charges are dismissed.

TX HB519

Relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged offense was committed.

TX HB175

Relating to the expunction of arrest records and files for certain defendants placed on deferred adjudication community supervision for the unlawful carrying of a handgun.

TX HB2446

Relating to the criminal penalties for possession of marihuana.

TX HB4703

Relating to the operation and administration of and practice in and grants provided by courts in the judicial branch of state government.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB1907

Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

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