86R8016 LHC-F
By: Smith H.B. No. 2436
A BILL TO BE ENTITLED
AN ACT
relating to the release on personal bond of certain defendants with
a mental illness or an intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.032(b), Code of Criminal Procedure,
as amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(b) Notwithstanding Article 17.03(b), or a bond schedule
adopted or a standing order entered by a judge, a magistrate shall
release a defendant on personal bond unless good cause is shown
otherwise if:
(1) the defendant is not charged with and has not been
previously convicted of a violent offense;
(2) the defendant is examined by the local mental
health authority, local intellectual and developmental disability
authority, or another qualified mental health or intellectual
disability expert under Article 16.22;
(3) the applicable expert, in a written assessment
submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental
illness or is a person with an intellectual disability and is
nonetheless competent to stand trial; and
(B) recommends mental health treatment or
intellectual disability services for the defendant, as applicable;
(4) the magistrate determines, in consultation with
the local mental health authority or local intellectual and
developmental disability authority, that appropriate
community-based mental health or intellectual disability services
for the defendant are available in accordance with Section 534.053
or 534.103, Health and Safety Code, or through another mental
health or intellectual disability services provider; and
(5) the magistrate finds, after considering all the
circumstances, a pretrial risk assessment, if applicable, and any
other credible information provided by the attorney representing
the state or the defendant, that release on personal bond would
reasonably ensure the defendant's appearance in court as required
and the safety of the community and the victim of the alleged
offense.
SECTION 2. Article 17.032(c), Code of Criminal Procedure,
as amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(c) The magistrate, unless good cause is shown for not
requiring treatment or services, shall require as a condition of
release on personal bond under this article that the defendant
submit to outpatient or inpatient mental health treatment or
intellectual disability services as recommended by the local mental
health authority, local intellectual and developmental disability
authority, or another qualified mental health or intellectual
disability expert if the defendant's:
(1) mental illness or intellectual disability is
chronic in nature; or
(2) ability to function independently will continue to
deteriorate if the defendant does not receive the recommended
treatment or services [is not treated].
SECTION 3. This Act takes effect September 1, 2019.