Texas 2019 - 86th Regular

Texas House Bill HB601 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 601
	1	+	By: Price, et al. (Senate Sponsor - Zaffirini) H.B. No. 601
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 16, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 16, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 601 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to ~~criminal or juvenile~~ procedures and reporting
6		-	~~requirements regarding persons~~ who are or may be persons with a
7		-	~~mental illness~~ or an intellectual disability.
	13	+	relating to procedures and reporting requirements regarding
	14	+	criminal defendants who are or may be persons with a mental illness
	15	+	or an intellectual disability.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Article 16.22(a), Code of Criminal Procedure, as
10	18		amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of the
11	19		85th Legislature, Regular Session, 2017, is reenacted and amended
12	20		to read as follows:
13	21		(a)(1) Not later than 12 hours after the sheriff or
14	22		municipal jailer having custody of a defendant for an offense
15	23		punishable as a Class B misdemeanor or any higher category of
16	24		offense receives credible information that may establish
17	25		reasonable cause to believe that the defendant has a mental illness
18	26		or is a person with an intellectual disability, the sheriff or
19	27		municipal jailer shall provide written or electronic notice to the
20	28		magistrate. The notice must include any information related to the
21	29		sheriff's or municipal jailer's determination, such as information
22	30		regarding the defendant's behavior immediately before, during, and
23	31		after the defendant's arrest and, if applicable, the results of any
24	32		previous assessment of the defendant. On a determination that
25	33		there is reasonable cause to believe that the defendant has a mental
26	34		illness or is a person with an intellectual disability, the
27	35		magistrate, except as provided by Subdivision (2), shall order the
28	36		service provider that contracts with the jail to provide mental
29	37		health or intellectual and developmental disability services, the
30	38		local mental health authority, the local intellectual and
31	39		developmental disability authority, or another qualified mental
32	40		health or intellectual and developmental disability expert to:
33	41		(A) interview the defendant if the defendant has
34	42		not previously been interviewed by a qualified mental health or
35	43		intellectual and developmental disability expert on or after the
36	44		date the defendant was arrested for the offense for which the
37	45		defendant is in custody and otherwise collect information regarding
38	46		whether the defendant has a mental illness as defined by Section
39	47		571.003, Health and Safety Code, or is a person with an intellectual
40	48		disability as defined by Section 591.003, Health and Safety Code,
41	49		including, if applicable, information obtained from any previous
42	50		assessment of the defendant and information regarding any
43	51		previously recommended treatment or service; and
44	52		(B) provide to the magistrate a written report
45	53		[assessment] of an interview described by Paragraph (A) and the
46	54		other information collected under that paragraph [Paragraph (A)] on
47	55		the form approved by the Texas Correctional Office on Offenders
48	56		with Medical or Mental Impairments under Section 614.0032(c)
49	57		[614.0032(b)], Health and Safety Code.
50	58		(2) The magistrate is not required to order the
51	59		interview and collection of other information under Subdivision (1)
52	60		if the defendant in the year preceding the defendant's applicable
53	61		date of arrest has been determined to have a mental illness or to be
54	62		a person with an intellectual disability by the service provider
55	63		that contracts with the jail to provide mental health or
56	64		intellectual and developmental disability services, the local
57	65		mental health authority, the local intellectual and developmental
58	66		disability authority, or another mental health or intellectual and
59	67		developmental disability expert described by Subdivision (1). A
60	68		court that elects to use the results of that previous determination
61	69		may proceed under Subsection (c).
62	70		(3) If the defendant fails or refuses to submit to the
63	71		interview and collection of other information regarding the
64	72		defendant as required under Subdivision (1), the magistrate may
65	73		order the defendant to submit to an examination in a jail, or in
66	74		another place determined to be appropriate by the local mental
67	75		health authority or local intellectual and developmental
68	76		disability authority, for a reasonable period not to exceed 72
69	77		hours. If applicable, the county in which the committing court is
70	78		located shall reimburse the local mental health authority or local
71	79		intellectual and developmental disability authority for the
72	80		mileage and per diem expenses of the personnel required to
73	81		transport the defendant, calculated in accordance with the state
74	82		travel regulations in effect at the time.
75	83		SECTION 2. Article 16.22, Code of Criminal Procedure, is
76	84		amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (f)
77	85		and amending Subsections (b), (b-1), (c), (d), and (e) to read as
78	86		follows:
79	87		(a-1) If a magistrate orders a local mental health
80	88		authority, a local intellectual and developmental disability
81	89		authority, or another qualified mental health or intellectual and
82	90		developmental disability expert to conduct an interview or collect
83	91		information under Subsection (a)(1), the commissioners court for
84	92		the county in which the magistrate is located shall reimburse the
85	93		local mental health authority, local intellectual and
86	94		developmental disability authority, or qualified mental health or
87	95		intellectual and developmental disability expert for the cost of
88	96		performing those duties in the amount provided by the fee schedule
89	97		adopted under Subsection (a-2) or in the amount determined by the
90	98		judge under Subsection (a-3), as applicable.
91	99		(a-2) The commissioners court for a county may adopt a fee
92	100		schedule to pay for the costs to conduct an interview and collect
93	101		information under Subsection (a)(1). In developing the fee
94	102		schedule, the commissioners court shall consider the generally
95	103		accepted reasonable cost in that county of performing the duties
96	104		described by Subsection (a)(1). A fee schedule described by this
97	105		subsection must be adopted in a public hearing and must be
98	106		periodically reviewed by the commissioners court.
99	107		(a-3) If the cost of performing the duties described by
100	108		Subsection (a)(1) exceeds the amount provided by the applicable fee
101	109		schedule or if the commissioners court for the applicable county
102	110		has not adopted a fee schedule, the authority or expert who
103	111		performed the duties may request that the judge who has
104	112		jurisdiction over the underlying offense determine the reasonable
105	113		amount for which the authority or expert is entitled to be
106	114		reimbursed under Subsection (a-1). The amount determined under
107	115		this subsection may not be less than the amount provided by the fee
108	116		schedule, if applicable. The judge shall determine the amount not
109	117		later than the 45th day after the date the request is made. The
110	118		judge is not required to hold a hearing before making a
111	119		determination under this subsection.
112	120		(a-4) An interview under Subsection (a)(1) may be conducted
113	121		in person in the jail, by telephone, or through a telemedicine
114	122		medical service or telehealth service.
115	123		(b) Except as otherwise permitted by the magistrate for good
116	124		cause shown, a written report [assessment] of an interview
117	125		described by Subsection (a)(1)(A) and the other information
118	126		collected under that paragraph [Subsection (a)(1)(A)] shall be
119	127		provided to the magistrate:
120	128		(1) for a defendant held in custody, not later than 96
121	129		hours after the time an order was issued under Subsection (a); or
122	130		(2) for a defendant released from custody, not later
123	131		than the 30th day after the date an order was issued under
124	132		Subsection (a).
125	133		(b-1) The magistrate shall provide copies of the written
126	134		report [assessment] to the defense counsel, the attorney
127	135		representing the state, and the trial court. The written report
128	136		[assessment] must include a description of the procedures used in
129	137		the interview and collection of other information under Subsection
130	138		(a)(1)(A) and the applicable expert's observations and findings
131	139		pertaining to:
132	140		(1) whether the defendant is a person who has a mental
133	141		illness or is a person with an intellectual disability;
134	142		(2) whether there is clinical evidence to support a
135	143		belief that the defendant may be incompetent to stand trial and
136	144		should undergo a complete competency examination under Subchapter
137	145		B, Chapter 46B; and
138	146		(3) any appropriate or recommended treatment or
139	147		service.
140	148		(c) After the trial court receives the applicable expert's
141	149		written report [assessment] relating to the defendant under
142	150		Subsection (b-1) or elects to use the results of a previous
143	151		determination as described by Subsection (a)(2), the trial court
144	152		may, as applicable:
145	153		(1) resume criminal proceedings against the
146	154		defendant, including any appropriate proceedings related to the
147	155		defendant's release on personal bond under Article 17.032 if the
148	156		defendant is being held in custody;
149	157		(2) resume or initiate competency proceedings, if
150	158		required, as provided by Chapter 46B or other proceedings affecting
151	159		the defendant's receipt of appropriate court-ordered mental health
152	160		or intellectual and developmental disability services, including
153	161		proceedings related to the defendant's receipt of outpatient mental
154	162		health services under Section 574.034, Health and Safety Code;
155	163		(3) consider the written report [assessment] during
156	164		the punishment phase after a conviction of the offense for which the
157	165		defendant was arrested, as part of a presentence investigation
158	166		report, or in connection with the impositions of conditions
159	167		following placement on community supervision, including deferred
160	168		adjudication community supervision; or
161	169		(4) refer the defendant to an appropriate specialty
162	170		court established or operated under Subtitle K, Title 2, Government
163	171		Code.
164	172		(d) This article does not prevent the applicable court from,
165	173		before, during, or after the interview and collection of other
166	174		information regarding the defendant as described by this article:
167	175		(1) releasing a defendant who has a mental illness or
168	176		is a person with an intellectual disability from custody on
169	177		personal or surety bond, including imposing as a condition of
170	178		release that the defendant submit to an examination or other
171	179		assessment; or
172	180		(2) ordering an examination regarding the defendant's
173	181		competency to stand trial.
174	182		(e) The Texas Judicial Council shall adopt rules to require
175	183		the reporting of [The magistrate shall submit to the Office of
176	184		Court Administration of the Texas Judicial System on a monthly
177	185		basis] the number of written reports [assessments] provided to a
178	186		[the] court under Subsection (a)(1)(B). The rules must require
179	187		submission of the reports to the Office of Court Administration of
180	188		the Texas Judicial System on a monthly basis.
181	189		(f) A written report submitted to a magistrate under
182	190		Subsection (a)(1)(B) is confidential and not subject to disclosure
183	191		under Chapter 552, Government Code, but may be used or disclosed as
184	192		provided by this article.
185	193		SECTION 3. Articles 17.032(b) and (c), Code of Criminal
186	194		Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.
187	195		1849), Acts of the 85th Legislature, Regular Session, 2017, are
188	196		reenacted and amended to read as follows:
189	197		(b) Notwithstanding Article 17.03(b), or a bond schedule
190	198		adopted or a standing order entered by a judge, a magistrate shall
191	199		release a defendant on personal bond unless good cause is shown
192	200		otherwise if:
193	201		(1) the defendant is not charged with and has not been
194	202		previously convicted of a violent offense;
195	203		(2) the defendant is examined by the service provider
196	204		that contracts with the jail to provide mental health or
197	205		intellectual and developmental disability services, the local
198	206		mental health authority, the local intellectual and developmental
199	207		disability authority, or another qualified mental health or
200	208		intellectual and developmental disability expert under Article
201	209		16.22;
202	210		(3) the applicable expert, in a written report
203	211		[assessment] submitted to the magistrate under Article 16.22:
204	212		(A) concludes that the defendant has a mental
205	213		illness or is a person with an intellectual disability and is
206	214		nonetheless competent to stand trial; and
207	215		(B) recommends mental health treatment or
208	216		intellectual and developmental disability services for the
209	217		defendant, as applicable;
210	218		(4) the magistrate determines, in consultation with
211	219		the local mental health authority or local intellectual and
212	220		developmental disability authority, that appropriate
213	221		community-based mental health or intellectual and developmental
214	222		disability services for the defendant are available in accordance
215	223		with Section 534.053 or 534.103, Health and Safety Code, or through
216	224		another mental health or intellectual and developmental disability
217	225		services provider; and
218	226		(5) the magistrate finds, after considering all the
219	227		circumstances, a pretrial risk assessment, if applicable, and any
220	228		other credible information provided by the attorney representing
221	229		the state or the defendant, that release on personal bond would
222	230		reasonably ensure the defendant's appearance in court as required
223	231		and the safety of the community and the victim of the alleged
224	232		offense.
225	233		(c) The magistrate, unless good cause is shown for not
226	234		requiring treatment or services, shall require as a condition of
227	235		release on personal bond under this article that the defendant
228	236		submit to outpatient or inpatient mental health treatment or
229	237		intellectual and developmental disability services as recommended
230	238		by the service provider that contracts with the jail to provide
231	239		mental health or intellectual and developmental disability
232	240		services, the local mental health authority, the local intellectual
233	241		and developmental disability authority, or another qualified
234	242		mental health or intellectual and developmental disability expert
235	243		if the defendant's:
236	244		(1) mental illness or intellectual disability is
237	245		chronic in nature; or
238	246		(2) ability to function independently will continue to
239	247		deteriorate if the defendant does not receive the recommended
240	248		treatment or services [is not treated].
241		-	SECTION 4. Sections 8(a) and (c), Article 42.09, Code of
242		-	Criminal Procedure, are amended to read as follows:
243		-	(a) A county that transfers a defendant to the Texas
244		-	Department of Criminal Justice under this article shall deliver to
245		-	an officer designated by the department:
246		-	(1) a copy of the judgment entered pursuant to Article
247		-	42.01, completed on a standardized felony judgment form described
248		-	by Section 4 of that article;
249		-	(2) a copy of any order revoking community supervision
250		-	and imposing sentence pursuant to Article 42A.755, including:
251		-	(A) any amounts owed for restitution, fines, and
252		-	court costs, completed on a standardized felony judgment form
253		-	described by Section 4, Article 42.01; and
254		-	(B) a copy of the client supervision plan
255		-	prepared for the defendant by the community supervision and
256		-	corrections department supervising the defendant, if such a plan
257		-	was prepared;
258		-	(3) a written report that states the nature and the
259		-	seriousness of each offense and that states the citation to the
260		-	provision or provisions of the Penal Code or other law under which
261		-	the defendant was convicted;
262		-	(4) a copy of the victim impact statement, if one has
263		-	been prepared in the case under Article 56.03;
264		-	(5) a statement as to whether there was a change in
265		-	venue in the case and, if so, the names of the county prosecuting
266		-	the offense and the county in which the case was tried;
267		-	(6) if requested, information regarding the criminal
268		-	history of the defendant, including the defendant's state
269		-	identification number if the number has been issued;
270		-	(7) a copy of the indictment or information for each
271		-	offense;
272		-	(8) a checklist sent by the department to the county
273		-	and completed by the county in a manner indicating that the
274		-	documents required by this subsection and Subsection (c) accompany
275		-	the defendant;
276		-	(9) if prepared, a copy of a presentence or
277		-	postsentence report prepared under Subchapter F, Chapter 42A;
278		-	(10) a copy of any detainer, issued by an agency of the
279		-	federal government, that is in the possession of the county and that
280		-	has been placed on the defendant;
281		-	(11) if prepared, a copy of the defendant's Texas
282		-	Uniform Health Status Update Form; [and]
283		-	(12) a written description of a hold or warrant,
284		-	issued by any other jurisdiction, that the county is aware of and
285		-	that has been placed on or issued for the defendant; and
286		-	(13) a copy of any mental health records, mental
287		-	health screening reports, or similar information regarding the
288		-	mental health of the defendant.
	249	+	SECTION 4. Section 8(c), Article 42.09, Code of Criminal
	250	+	Procedure, is amended to read as follows:
289	251		(c) A county that transfers a defendant to the Texas
290	252		Department of Criminal Justice under this article shall also
291	253		deliver to the designated officer any presentence or postsentence
292	254		investigation report, revocation report, psychological or
293	255		psychiatric evaluation of the defendant, including a written report
294	256		provided to a court under Article 16.22(a)(1)(B) or an evaluation
295	257		prepared for the juvenile court before transferring the defendant
296	258		to criminal court and contained in the criminal prosecutor's file,
297	259		and available social or psychological background information
298	260		relating to the defendant and may deliver to the designated officer
299	261		any additional information upon which the judge or jury bases the
300	262		punishment decision.
301		-	SECTION 5. Article 46B.001, Code of Criminal Procedure, is
302		-	amended to read as follows:
303		-	Art. 46B.001. DEFINITIONS. In this chapter:
304		-	(1) "Adaptive behavior" means the effectiveness with
305		-	or degree to which a person meets the standards of personal
306		-	independence and social responsibility expected of the person's age
307		-	and cultural group.
308		-	(2) "Commission" means the Health and Human Services
309		-	Commission.
310		-	(3) "Competency restoration" means the treatment or
311		-	education process for restoring a person's ability to consult with
312		-	the person's attorney with a reasonable degree of rational
313		-	understanding, including a rational and factual understanding of
314		-	the court proceedings and charges against the person.
315		-	(4) "Developmental period" means the period of a
316		-	person's life from birth through 17 years of age.
317		-	(5) "Electronic broadcast system" means a two-way
318		-	electronic communication of image and sound between the defendant
319		-	and the court and includes secure Internet videoconferencing.
320		-	(6) "Executive commissioner" means the executive
321		-	commissioner of the Health and Human Services Commission.
322		-	(7) "Inpatient mental health facility" has the meaning
323		-	assigned by Section 571.003, Health and Safety Code.
324		-	(8) [(2)] "Intellectual disability" means
325		-	significantly subaverage general intellectual functioning that is
326		-	concurrent with deficits in adaptive behavior and originates during
327		-	the developmental period [has the meaning assigned by Section
328		-	591.003, Health and Safety Code].
329		-	(9) [(3)] "Local mental health authority" has the
330		-	meaning assigned by Section 571.003, Health and Safety Code.
331		-	(10) [(4)] "Local intellectual and developmental
332		-	disability authority" has the meaning assigned by Section 531.002,
333		-	Health and Safety Code.
334		-	(11) [(5)] "Mental health facility" has the meaning
335		-	assigned by Section 571.003, Health and Safety Code.
336		-	(12) [(6)] "Mental illness" means an illness,
337		-	disease, or condition, other than epilepsy, dementia, substance
338		-	abuse, or intellectual disability, that grossly impairs:
339		-	(A) a person's thought, perception of reality,
340		-	emotional process, or judgment; or
341		-	(B) behavior as demonstrated by recent disturbed
342		-	behavior [has the meaning assigned by Section 571.003, Health and
343		-	Safety Code].
344		-	(13) [(7)] "Residential care facility" has the
345		-	meaning assigned by Section 591.003, Health and Safety Code.
346		-	(14) "Subaverage general intellectual functioning"
347		-	means a measured intelligence two or more standard deviations below
348		-	the age-group mean, using a standardized psychometric instrument.
349		-	[(8) "Electronic broadcast system" means a two-way
350		-	electronic communication of image and sound between the defendant
351		-	and the court and includes secure Internet videoconferencing.
352		-	[(9) "Competency restoration" means the treatment or
353		-	education process for restoring a person's ability to consult with
354		-	the person's attorney with a reasonable degree of rational
355		-	understanding, including a rational and factual understanding of
356		-	the court proceedings and charges against the person.]
357		-	SECTION 6. Subchapter A, Chapter 46B, Code of Criminal
358		-	Procedure, is amended by adding Article 46B.0021 to read as
359		-	follows:
360		-	Art. 46B.0021. FACILITY DESIGNATION. The commission may
361		-	designate for the commitment of a defendant under this chapter only
362		-	a facility operated by the commission or under a contract with the
363		-	commission for that purpose.
364		-	SECTION 7. Article 46B.073(c), Code of Criminal Procedure,
365		-	is amended to read as follows:
366		-	(c) If the defendant is charged with an offense listed in
367		-	Article 17.032(a)[, other than an offense under Section
368		-	22.01(a)(1), Penal Code,] or if the indictment alleges an
369		-	affirmative finding under Article 42A.054(c) or (d), the court
370		-	shall enter an order committing the defendant for competency
371		-	restoration services to a [the maximum security unit of any]
372		-	facility designated by the commission [Department of State Health
373		-	Services, to an agency of the United States operating a mental
374		-	hospital, or to a Department of Veterans Affairs hospital].
375		-	SECTION 8. Subchapter D, Chapter 46B, Code of Criminal
376		-	Procedure, is amended by adding Article 46B.0831 to read as
377		-	follows:
378		-	Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS
379		-	MANIFESTLY DANGEROUS. A defendant committed to a maximum security
380		-	unit by the commission may be assessed, at any time before the
381		-	defendant is restored to competency, by the review board
382		-	established under Section 46B.105 to determine whether the
383		-	defendant is manifestly dangerous. If the review board determines
384		-	the defendant is not manifestly dangerous, the commission shall
385		-	transfer the defendant to a non-maximum security facility
386		-	designated by the commission.
387		-	SECTION 9. Article 46B.104, Code of Criminal Procedure, is
388		-	amended to read as follows:
389		-	Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
390		-	VIOLENCE. A defendant committed to a facility as a result of
391		-	proceedings initiated under this chapter shall be committed to the
392		-	[maximum security unit of any] facility designated by the
393		-	commission [Department of State Health Services] if:
394		-	(1) the defendant is charged with an offense listed in
395		-	Article 17.032(a)[, other than an offense listed in Article
396		-	17.032(a)(6)]; or
397		-	(2) the indictment charging the offense alleges an
398		-	affirmative finding under Article 42A.054(c) or (d).
399		-	SECTION 10. Articles 46B.105(a), (b), and (e), Code of
400		-	Criminal Procedure, are amended to read as follows:
401		-	(a) Unless a defendant committed to a maximum security unit
402		-	by the commission is determined to be manifestly dangerous by a
403		-	review board established under Subsection (b), not later than the
404		-	60th day after the date the defendant arrives at the maximum
405		-	security unit, the defendant shall be transferred to:
406		-	(1) a unit of an inpatient mental health facility
407		-	other than a maximum security unit;
408		-	(2) a residential care facility; or
409		-	(3) a program designated by a local mental health
410		-	authority or a local intellectual and developmental disability
411		-	authority.
412		-	(b) The executive commissioner [of state health services]
413		-	shall appoint a review board of five members, including one
414		-	psychiatrist licensed to practice medicine in this state and two
415		-	persons who work directly with persons with mental illness or an
416		-	intellectual disability, to determine whether the defendant is
417		-	manifestly dangerous and, as a result of the danger the defendant
418		-	presents, requires continued placement in a maximum security unit.
419		-	(e) If the superintendent of the facility at which the
420		-	maximum security unit is located disagrees with the determination,
421		-	the matter shall be referred to the executive commissioner [of
422		-	state health services]. The executive commissioner shall decide
423		-	whether the defendant is manifestly dangerous.
424		-	SECTION 11. Article 46B.106(a), Code of Criminal Procedure,
425		-	is amended to read as follows:
426		-	(a) A defendant committed to a facility as a result of the
427		-	proceedings initiated under this chapter, other than a defendant
428		-	described by Article 46B.104, shall be committed to:
429		-	(1) a facility designated by the commission
430		-	[Department of State Health Services or the Department of Aging and
431		-	Disability Services, as appropriate]; or
432		-	(2) an outpatient treatment program.
433		-	SECTION 12. Articles 46B.107(a) and (d), Code of Criminal
434		-	Procedure, are amended to read as follows:
435		-	(a) The release of a defendant committed under this chapter
436		-	from the commission [Department of State Health Services, the
437		-	Department of Aging and Disability Services], an outpatient
438		-	treatment program, or another facility is subject to disapproval by
439		-	the committing court if the court or the attorney representing the
440		-	state has notified the head of the facility or outpatient treatment
441		-	provider, as applicable, to which the defendant has been committed
442		-	that a criminal charge remains pending against the defendant.
443		-	(d) The court shall, on receiving notice from the head of a
444		-	facility or outpatient treatment provider of intent to release the
445		-	defendant under Subsection (b) [may, on motion of the attorney
446		-	representing the state or on its own motion], hold a hearing to
447		-	determine whether release is appropriate under the applicable
448		-	criteria in Subtitle C or D, Title 7, Health and Safety Code. The
449		-	court may, on motion of the attorney representing the state or on
450		-	its own motion, hold a hearing to determine whether release is
451		-	appropriate under the applicable criteria in Subtitle C or D, Title
452		-	7, Health and Safety Code, regardless of whether the court receives
453		-	notice that the head of a facility or outpatient treatment provider
454		-	provides notice of intent to release the defendant under Subsection
455		-	(b). The court may conduct the hearing:
456		-	(1) at the facility; or
457		-	(2) by means of an electronic broadcast system as
458		-	provided by Article 46B.013.
459		-	SECTION 13. Article 46B.151(c), Code of Criminal Procedure,
460		-	is amended to read as follows:
461		-	(c) Notwithstanding Subsection (b), a defendant placed in a
462		-	facility of the commission [Department of State Health Services or
463		-	the Department of Aging and Disability Services] pending civil
464		-	hearing under this article may be detained in that facility only
465		-	with the consent of the head of the facility and pursuant to an
466		-	order of protective custody issued under Subtitle C, Title 7,
467		-	Health and Safety Code.
468		-	SECTION 14. Articles 46C.001(1) and (2), Code of Criminal
469		-	Procedure, are amended to read as follows:
470		-	(1) "Commission" means the Health and Human Services
471		-	Commission ["Commissioner" means the commissioner of state health
472		-	services].
473		-	(2) "Executive commissioner" means the executive
474		-	commissioner of the Health and Human Services Commission
475		-	["Department" means the Department of State Health Services].
476		-	SECTION 15. Subchapter A, Chapter 46C, Code of Criminal
477		-	Procedure, is amended by adding Article 46C.0011 to read as
478		-	follows:
479		-	Art. 46C.0011. FACILITY DESIGNATION. The commission may
480		-	designate for the commitment of a defendant under this chapter only
481		-	a facility operated by the commission or under a contract with the
482		-	commission for that purpose.
483		-	SECTION 16. Article 46C.104, Code of Criminal Procedure, is
484		-	amended to read as follows:
485		-	Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO
486		-	EXAMINATION. (a) For the purposes described by this chapter, the
487		-	court may order any defendant to submit to examination, including a
488		-	defendant who is free on bail. If the defendant fails or refuses to
489		-	submit to examination, the court may order the defendant to custody
490		-	for examination for a reasonable period not to exceed 21 days.
491		-	Custody ordered by the court under this subsection may include
492		-	custody at a facility operated by the commission [department].
493		-	(b) If a defendant who has been ordered to a facility
494		-	operated by the commission [department] for examination remains in
495		-	the facility for a period that exceeds 21 days, the head of that
496		-	facility shall cause the defendant to be immediately transported to
497		-	the committing court and placed in the custody of the sheriff of the
498		-	county in which the committing court is located. That county shall
499		-	reimburse the facility for the mileage and per diem expenses of the
500		-	personnel required to transport the defendant, calculated in
501		-	accordance with the state travel rules in effect at that time.
502		-	(c) The court may not order a defendant to a facility
503		-	operated by the commission [department] for examination without the
504		-	consent of the head of that facility.
505		-	SECTION 17. Article 46C.106(b), Code of Criminal Procedure,
506		-	is amended to read as follows:
507		-	(b) The county in which the indictment was returned or
508		-	information was filed shall reimburse a facility operated by the
509		-	commission [department] that accepts a defendant for examination
510		-	under this subchapter for expenses incurred that are determined by
511		-	the commission [department] to be reasonably necessary and
512		-	incidental to the proper examination of the defendant.
513		-	SECTION 18. Article 46C.160(b), Code of Criminal Procedure,
514		-	is amended to read as follows:
515		-	(b) The court may order a defendant detained in a facility
516		-	of the commission [department or a facility of the Department of
517		-	Aging and Disability Services] under this article only with the
518		-	consent of the head of the facility.
519		-	SECTION 19. Article 46C.202(a), Code of Criminal Procedure,
520		-	is amended to read as follows:
521		-	(a) Notwithstanding Article 46C.201(b), a person placed in
522		-	a commission [department] facility [or a facility of the Department
523		-	of Aging and Disability Services] pending civil hearing as
524		-	described by that subsection may be detained only with the consent
525		-	of the head of the facility and under an Order of Protective Custody
526		-	issued under Subtitle C or D, Title 7, Health and Safety Code.
527		-	SECTION 20. Articles 46C.251(a) and (b), Code of Criminal
528		-	Procedure, are amended to read as follows:
529		-	(a) The court shall order the acquitted person to be
530		-	committed for evaluation of the person's present mental condition
531		-	and for treatment to the [maximum security unit of any] facility
532		-	designated by the commission [department]. The period of
533		-	commitment under this article may not exceed 30 days.
534		-	(b) The court shall order that:
535		-	(1) a transcript of all medical testimony received in
536		-	the criminal proceeding be prepared as soon as possible by the court
537		-	reporter and the transcript be forwarded to the facility to which
538		-	the acquitted person is committed; and
539		-	(2) the following information be forwarded to the
540		-	facility and[, as applicable,] to the commission [department or the
541		-	Department of Aging and Disability Services]:
542		-	(A) the complete name, race, and gender of the
543		-	person;
544		-	(B) any known identifying number of the person,
545		-	including social security number, driver's license number, or state
546		-	identification number;
547		-	(C) the person's date of birth; and
548		-	(D) the offense of which the person was found not
549		-	guilty by reason of insanity and a statement of the facts and
550		-	circumstances surrounding the alleged offense.
551		-	SECTION 21. Article 46C.260, Code of Criminal Procedure, is
552		-	amended to read as follows:
553		-	Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
554		-	SECURITY [NONSECURE] FACILITY. (a) A person committed to a
555		-	facility under this subchapter shall be committed to a [the maximum
556		-	security unit of any] facility designated by the commission
557		-	[department].
558		-	(b) A person committed under this subchapter shall be
559		-	transferred to the designated facility [maximum security unit]
560		-	immediately on the entry of the order of commitment.
561		-	(c) Unless a [the] person committed to a maximum security
562		-	unit by the commission is determined to be manifestly dangerous by a
563		-	review board under this article [within the department], not later
564		-	than the 60th day following the date of the person's arrival at the
565		-	maximum security unit the person shall be transferred to a
566		-	non-maximum security [nonsecure] unit of a facility designated by
567		-	the commission [department or the Department of Aging and
568		-	Disability Services, as appropriate].
569		-	(d) The executive commissioner shall appoint a review board
570		-	of five members, including one psychiatrist licensed to practice
571		-	medicine in this state and two persons who work directly with
572		-	persons with mental illnesses or with mental retardation, to
573		-	determine whether the person is manifestly dangerous and, as a
574		-	result of the danger the person presents, requires continued
575		-	placement in a maximum security unit.
576		-	(e) If the head of the facility at which the maximum
577		-	security unit is located disagrees with the determination, then the
578		-	matter shall be referred to the executive commissioner. The
579		-	executive commissioner shall decide whether the person is
580		-	manifestly dangerous.
581		-	SECTION 22. Section 511.0085(a), Government Code, is
582		-	amended to read as follows:
	263	+	SECTION 5. Section 511.0085(a), Government Code, is amended
	264	+	to read as follows:
583	265		(a) The commission shall develop a comprehensive set of risk
584	266		factors to use in assessing the overall risk level of each jail
585	267		under the commission's jurisdiction. The set of risk factors must
586	268		include:
587	269		(1) a history of the jail's compliance with state law
588	270		and commission rules, standards, and procedures;
589	271		(2) the population of the jail;
590	272		(3) the number and nature of complaints regarding the
591	273		jail, including complaints regarding a violation of any required
592	274		ratio of correctional officers to inmates;
593	275		(4) problems with the jail's internal grievance
594	276		procedures;
595	277		(5) available mental and medical health reports
596	278		relating to inmates in the jail, including reports relating to
597	279		infectious disease or pregnant inmates;
598	280		(6) recent turnover among sheriffs and jail staff;
599	281		(7) inmate escapes from the jail;
600	282		(8) the number and nature of inmate deaths at the jail,
601	283		including the results of the investigations of those deaths; and
602	284		(9) whether the jail is in compliance with commission
603	285		rules, standards developed by the Texas Correctional Office on
604	286		Offenders with Medical or Mental Impairments, and the requirements
605	287		of Article 16.22, Code of Criminal Procedure, regarding screening
606	288		and assessment protocols for the early identification of and
607	289		reports concerning persons with mental illness or an intellectual
608	290		disability.
609		-	SECTION 23. Section 532.013(a), Health and Safety Code, is
610		-	amended to read as follows:
611		-	(a) In this section:
612		-	(1) "Forensic patient" means a person with mental
613		-	illness or a person with an intellectual disability who is:
614		-	(A) examined on the issue of competency to stand
615		-	trial by an expert appointed under Subchapter B, Chapter 46B, Code
616		-	of Criminal Procedure;
617		-	(B) found incompetent to stand trial under
618		-	Subchapter C, Chapter 46B, Code of Criminal Procedure;
619		-	(C) committed to court-ordered mental health
620		-	services under Subchapter E, Chapter 46B, Code of Criminal
621		-	Procedure; [or]
622		-	(D) found not guilty by reason of insanity under
623		-	Chapter 46C, Code of Criminal Procedure;
624		-	(E) examined on the issue of fitness to proceed
625		-	with juvenile court proceedings by an expert appointed under
626		-	Chapter 51, Family Code; or
627		-	(F) found unfit to proceed under Subchapter C,
628		-	Chapter 55, Family Code.
629		-	(2) "Forensic services" means a competency
630		-	examination, competency restoration services, or mental health or
631		-	intellectual disability services provided to a current or former
632		-	forensic patient in the community or at a department facility.
633		-	SECTION 24. The heading to Section 614.0032, Health and
	291	+	SECTION 6. The heading to Section 614.0032, Health and
634	292		Safety Code, is amended to read as follows:
635	293		Sec. 614.0032. SPECIAL DUTIES RELATED TO MEDICALLY
636	294		RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS
637	295		OR INTELLECTUAL DISABILITY [COMPETENCY OR FITNESS TO PROCEED].
638		-	SECTION 25. Section 614.0032, Health and Safety Code, is
	296	+	SECTION 7. Section 614.0032, Health and Safety Code, is
639	297		amended by adding Subsection (c) to read as follows:
640	298		(c) The office shall approve and make generally available in
641	299		electronic format a standard form for use by a person providing a
642	300		written report under Article 16.22(a)(1)(B), Code of Criminal
643	301		Procedure.
644		-	SECTION 26. (a) The changes in law made by this Act to
645		-	Articles 16.22 and 17.032, Code of Criminal Procedure, and to
646		-	Section 8(c), Article 42.09, Code of Criminal Procedure, apply only
647		-	to a defendant charged with an offense committed on or after the
	302	+	SECTION 8. The changes in law made by this Act apply only to
	303	+	a defendant charged with an offense committed on or after the
648	304		effective date of this Act. A defendant charged with an offense
649	305		committed before the effective date of this Act is governed by the
650	306		law in effect on the date the offense was committed, and the former
651	307		law is continued in effect for that purpose. For purposes of this
652	308		section, an offense was committed before the effective date of this
653	309		Act if any element of the offense occurred before that date.
654		-	(b) The changes in law made by this Act to Section 8(a),
655		-	Article 42.09, Code of Criminal Procedure, and to Chapters 46B and
656		-	46C, Code of Criminal Procedure, apply only to a proceeding that
657		-	begins on or after the effective date of this Act, regardless of
658		-	when the defendant committed the underlying offense for which the
659		-	defendant became subject to the proceeding. A proceeding that
660		-	begins before the effective date of this Act is governed by the law
661		-	in effect on the date the proceeding began, and the former law is
662		-	continued in effect for that purpose.
663		-	SECTION 27. To the extent of any conflict, this Act prevails
	310	+	SECTION 9. To the extent of any conflict, this Act prevails
664	311		over another Act of the 86th Legislature, Regular Session, 2019,
665	312		relating to nonsubstantive additions to and corrections in enacted
666	313		codes.
667		-	SECTION 28. This Act takes effect September 1, 2019.
668		-	______________________________ ______________________________
669		-	President of the Senate Speaker of the House
670		-	I certify that H.B. No. 601 was passed by the House on April
671		-	10, 2019, by the following vote: Yeas 146, Nays 1, 1 present, not
672		-	voting; and that the House concurred in Senate amendments to H.B.
673		-	No. 601 on May 23, 2019, by the following vote: Yeas 141, Nays 1, 1
674		-	present, not voting.
675		-	______________________________
676		-	Chief Clerk of the House
677		-	I certify that H.B. No. 601 was passed by the Senate, with
678		-	amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
679		-	0.
680		-	______________________________
681		-	Secretary of the Senate
682		-	APPROVED: __________________
683		-	Date
684		-	__________________
685		-	Governor
	314	+	SECTION 10. This Act takes effect September 1, 2019.
	315	+	* * * * *