| 1 | 1 | | 86R1681 MAW-F |
|---|
| 2 | 2 | | By: Ortega H.B. No. 1701 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a written assessment regarding a defendant suspected of |
|---|
| 8 | 8 | | having a mental illness or an 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 by amending Subsection (b-1) and adding Subsection (b-2) to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (b-1) The magistrate shall provide copies of the written |
|---|
| 14 | 14 | | assessment to: |
|---|
| 15 | 15 | | (1) the defense counsel; |
|---|
| 16 | 16 | | (2) [,] the attorney representing the state; |
|---|
| 17 | 17 | | (3) [, and] the trial court; |
|---|
| 18 | 18 | | (4) the sheriff or other person responsible for the |
|---|
| 19 | 19 | | defendant's medical records while the defendant is confined in |
|---|
| 20 | 20 | | county jail; and |
|---|
| 21 | 21 | | (5) as applicable: |
|---|
| 22 | 22 | | (A) any personal bond office established under |
|---|
| 23 | 23 | | Article 17.42 for the county in which the defendant is being |
|---|
| 24 | 24 | | confined; or |
|---|
| 25 | 25 | | (B) the director of the office or department that |
|---|
| 26 | 26 | | is responsible for supervising the defendant while the defendant is |
|---|
| 27 | 27 | | released on bail and receiving mental health or intellectual |
|---|
| 28 | 28 | | disability services as a condition of bail. |
|---|
| 29 | 29 | | (b-2) The written assessment must include a description of |
|---|
| 30 | 30 | | the procedures used in the collection of information under |
|---|
| 31 | 31 | | Subsection (a)(1)(A) and the applicable expert's observations and |
|---|
| 32 | 32 | | findings pertaining to: |
|---|
| 33 | 33 | | (1) whether the defendant is a person who has a mental |
|---|
| 34 | 34 | | illness or is a person with an intellectual disability; |
|---|
| 35 | 35 | | (2) whether there is clinical evidence to support a |
|---|
| 36 | 36 | | belief that the defendant may be incompetent to stand trial and |
|---|
| 37 | 37 | | should undergo a complete competency examination under Subchapter |
|---|
| 38 | 38 | | B, Chapter 46B; and |
|---|
| 39 | 39 | | (3) any appropriate or recommended treatment or |
|---|
| 40 | 40 | | service. |
|---|
| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 42 | 42 | | to a person who is arrested on or after the effective date of this |
|---|
| 43 | 43 | | Act. A person arrested before the effective date of this Act is |
|---|
| 44 | 44 | | governed by the law in effect on the date the person was arrested, |
|---|
| 45 | 45 | | and the former law is continued in effect for that purpose. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|