86R1681 MAW-F
By: Ortega H.B. No. 1701
A BILL TO BE ENTITLED
AN ACT
relating to a written assessment regarding a defendant suspected of
having a mental illness or an intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 16.22, Code of Criminal Procedure, is
amended by amending Subsection (b-1) and adding Subsection (b-2) to
read as follows:
(b-1) The magistrate shall provide copies of the written
assessment to:
(1) the defense counsel;
(2) [,] the attorney representing the state;
(3) [, and] the trial court;
(4) the sheriff or other person responsible for the
defendant's medical records while the defendant is confined in
county jail; and
(5) as applicable:
(A) any personal bond office established under
Article 17.42 for the county in which the defendant is being
confined; or
(B) the director of the office or department that
is responsible for supervising the defendant while the defendant is
released on bail and receiving mental health or intellectual
disability services as a condition of bail.
(b-2) The written assessment must include a description of
the procedures used in the collection of information under
Subsection (a)(1)(A) and the applicable expert's observations and
findings pertaining to:
(1) whether the defendant is a person who has a mental
illness or is a person with an intellectual disability;
(2) whether there is clinical evidence to support a
belief that the defendant may be incompetent to stand trial and
should undergo a complete competency examination under Subchapter
B, Chapter 46B; and
(3) any appropriate or recommended treatment or
service.
SECTION 2. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.