Texas 2019 - 86th Regular

Texas Senate Bill SB562 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 562
	1	+	86R31010 GCB-F
	2	+	By: Zaffirini, et al. S.B. No. 562
	3	+	(Price, Collier)
	4	+	Substitute the following for S.B. No. 562: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to criminal or juvenile procedures regarding persons who
6	10		are or may be persons with a mental illness or intellectual
7		-	disability and the operation and effects of successful completion
8		-	of a mental health court program.
	11	+	disability.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Section 8(a), Article 42.09, Code of Criminal
11	14		Procedure, is amended to read as follows:
12	15		(a) A county that transfers a defendant to the Texas
13	16		Department of Criminal Justice under this article shall deliver to
14	17		an officer designated by the department:
15	18		(1) a copy of the judgment entered pursuant to Article
16	19		42.01, completed on a standardized felony judgment form described
17	20		by Section 4 of that article;
18	21		(2) a copy of any order revoking community supervision
19	22		and imposing sentence pursuant to Article 42A.755, including:
20	23		(A) any amounts owed for restitution, fines, and
21	24		court costs, completed on a standardized felony judgment form
22	25		described by Section 4, Article 42.01; and
23	26		(B) a copy of the client supervision plan
24	27		prepared for the defendant by the community supervision and
25	28		corrections department supervising the defendant, if such a plan
26	29		was prepared;
27	30		(3) a written report that states the nature and the
28	31		seriousness of each offense and that states the citation to the
29	32		provision or provisions of the Penal Code or other law under which
30	33		the defendant was convicted;
31	34		(4) a copy of the victim impact statement, if one has
32	35		been prepared in the case under Article 56.03;
33	36		(5) a statement as to whether there was a change in
34	37		venue in the case and, if so, the names of the county prosecuting
35	38		the offense and the county in which the case was tried;
36	39		(6) if requested, information regarding the criminal
37	40		history of the defendant, including the defendant's state
38	41		identification number if the number has been issued;
39	42		(7) a copy of the indictment or information for each
40	43		offense;
41	44		(8) a checklist sent by the department to the county
42	45		and completed by the county in a manner indicating that the
43	46		documents required by this subsection and Subsection (c) accompany
44	47		the defendant;
45	48		(9) if prepared, a copy of a presentence or
46	49		postsentence report prepared under Subchapter F, Chapter 42A;
47	50		(10) a copy of any detainer, issued by an agency of the
48	51		federal government, that is in the possession of the county and that
49	52		has been placed on the defendant;
50	53		(11) if prepared, a copy of the defendant's Texas
51	54		Uniform Health Status Update Form; [and]
52	55		(12) a written description of a hold or warrant,
53	56		issued by any other jurisdiction, that the county is aware of and
54	57		that has been placed on or issued for the defendant; and
55	58		(13) a copy of any mental health records, mental
56	59		health screening reports, or similar information regarding the
57	60		mental health of the defendant.
58	61		SECTION 2. Article 46B.001, Code of Criminal Procedure, is
59	62		amended to read as follows:
60	63		Art. 46B.001. DEFINITIONS. In this chapter:
61	64		(1) "Adaptive behavior" means the effectiveness with
62	65		or degree to which a person meets the standards of personal
63	66		independence and social responsibility expected of the person's age
64	67		and cultural group.
65	68		(2) "Commission" means the Health and Human Services
66	69		Commission.
67	70		(3) "Competency restoration" means the treatment or
68	71		education process for restoring a person's ability to consult with
69	72		the person's attorney with a reasonable degree of rational
70	73		understanding, including a rational and factual understanding of
71	74		the court proceedings and charges against the person.
72	75		(4) "Developmental period" means the period of a
73	76		person's life from birth through 17 years of age.
74	77		(5) "Electronic broadcast system" means a two-way
75	78		electronic communication of image and sound between the defendant
76	79		and the court and includes secure Internet videoconferencing.
77	80		(6) "Executive commissioner" means the executive
78	81		commissioner of the Health and Human Services Commission.
79	82		(7) "Inpatient mental health facility" has the meaning
80	83		assigned by Section 571.003, Health and Safety Code.
81	84		(8) [(2)] "Intellectual disability" means
82	85		significantly subaverage general intellectual functioning that is
83	86		concurrent with deficits in adaptive behavior and originates during
84	87		the developmental period [has the meaning assigned by Section
85	88		591.003, Health and Safety Code].
86	89		(9) [(3)] "Local mental health authority" has the
87	90		meaning assigned by Section 571.003, Health and Safety Code.
88	91		(10) [(4)] "Local intellectual and developmental
89	92		disability authority" has the meaning assigned by Section 531.002,
90	93		Health and Safety Code.
91	94		(11) [(5)] "Mental health facility" has the meaning
92	95		assigned by Section 571.003, Health and Safety Code.
93	96		(12) [(6)] "Mental illness" means an illness,
94	97		disease, or condition, other than epilepsy, dementia, substance
95	98		abuse, or intellectual disability, that grossly impairs:
96	99		(A) a person's thought, perception of reality,
97	100		emotional process, or judgment; or
98	101		(B) behavior as demonstrated by recent disturbed
99	102		behavior [has the meaning assigned by Section 571.003, Health and
100	103		Safety Code].
101	104		(13) [(7)] "Residential care facility" has the
102	105		meaning assigned by Section 591.003, Health and Safety Code.
103	106		(14) "Subaverage general intellectual functioning"
104	107		means a measured intelligence two or more standard deviations below
105	108		the age-group mean, using a standardized psychometric instrument.
106	109		[(8) "Electronic broadcast system" means a two-way
107	110		electronic communication of image and sound between the defendant
108	111		and the court and includes secure Internet videoconferencing.
109	112		[(9) "Competency restoration" means the treatment or
110	113		education process for restoring a person's ability to consult with
111	114		the person's attorney with a reasonable degree of rational
112	115		understanding, including a rational and factual understanding of
113	116		the court proceedings and charges against the person.]
114	117		SECTION 3. Subchapter A, Chapter 46B, Code of Criminal
115	118		Procedure, is amended by adding Article 46B.0021 to read as
116	119		follows:
117	120		Art. 46B.0021. FACILITY DESIGNATION. The commission may
118	121		designate for the commitment of a defendant under this chapter only
119	122		a facility operated by the commission or under a contract with the
120	123		commission for that purpose.
121	124		SECTION 4. Article 46B.073(c), Code of Criminal Procedure,
122	125		is amended to read as follows:
123	126		(c) If the defendant is charged with an offense listed in
124	127		Article 17.032(a)[, other than an offense under Section
125	128		22.01(a)(1), Penal Code,] or if the indictment alleges an
126	129		affirmative finding under Article 42A.054(c) or (d), the court
127	130		shall enter an order committing the defendant for competency
128	131		restoration services to a [the maximum security unit of any]
129	132		facility designated by the commission [Department of State Health
130	133		Services, to an agency of the United States operating a mental
131	134		hospital, or to a Department of Veterans Affairs hospital].
132	135		SECTION 5. Subchapter D, Chapter 46B, Code of Criminal
133	136		Procedure, is amended by adding Article 46B.0831 to read as
134	137		follows:
135	138		Art. 46B.0831. DETERMINATION WHETHER DEFENDANT IS
136	139		MANIFESTLY DANGEROUS. A defendant committed to a maximum security
137	140		unit by the commission may be assessed, at any time before the
138	141		defendant is restored to competency, by the review board
139	142		established under Section 46B.105 to determine whether the
140	143		defendant is manifestly dangerous. If the review board determines
141	144		the defendant is not manifestly dangerous, the commission shall
142	145		transfer the defendant to a non-maximum security facility
143	146		designated by the commission.
144	147		SECTION 6. Article 46B.104, Code of Criminal Procedure, is
145	148		amended to read as follows:
146	149		Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
147	150		VIOLENCE. A defendant committed to a facility as a result of
148	151		proceedings initiated under this chapter shall be committed to the
149	152		[maximum security unit of any] facility designated by the
150	153		commission [Department of State Health Services] if:
151	154		(1) the defendant is charged with an offense listed in
152	155		Article 17.032(a)[, other than an offense listed in Article
153	156		17.032(a)(6)]; or
154	157		(2) the indictment charging the offense alleges an
155	158		affirmative finding under Article 42A.054(c) or (d).
156	159		SECTION 7. Articles 46B.105(a), (b), and (e), Code of
157	160		Criminal Procedure, are amended to read as follows:
158	161		(a) Unless a defendant committed to a maximum security unit
159	162		by the commission is determined to be manifestly dangerous by a
160	163		review board established under Subsection (b), not later than the
161	164		60th day after the date the defendant arrives at the maximum
162	165		security unit, the defendant shall be transferred to:
163	166		(1) a unit of an inpatient mental health facility
164	167		other than a maximum security unit;
165	168		(2) a residential care facility; or
166	169		(3) a program designated by a local mental health
167	170		authority or a local intellectual and developmental disability
168	171		authority.
169	172		(b) The executive commissioner [of state health services]
170	173		shall appoint a review board of five members, including one
171	174		psychiatrist licensed to practice medicine in this state and two
172	175		persons who work directly with persons with mental illness or an
173	176		intellectual disability, to determine whether the defendant is
174	177		manifestly dangerous and, as a result of the danger the defendant
175	178		presents, requires continued placement in a maximum security unit.
176	179		(e) If the superintendent of the facility at which the
177	180		maximum security unit is located disagrees with the determination,
178	181		the matter shall be referred to the executive commissioner [of
179	182		state health services]. The executive commissioner shall decide
180	183		whether the defendant is manifestly dangerous.
181	184		SECTION 8. Article 46B.106(a), Code of Criminal Procedure,
182	185		is amended to read as follows:
183	186		(a) A defendant committed to a facility as a result of the
184	187		proceedings initiated under this chapter, other than a defendant
185	188		described by Article 46B.104, shall be committed to:
186	189		(1) a facility designated by the commission
187	190		[Department of State Health Services or the Department of Aging and
188	191		Disability Services, as appropriate]; or
189	192		(2) an outpatient treatment program.
190	193		SECTION 9. Articles 46B.107(a) and (d), Code of Criminal
191	194		Procedure, are amended to read as follows:
192	195		(a) The release of a defendant committed under this chapter
193	196		from the commission [Department of State Health Services, the
194	197		Department of Aging and Disability Services], an outpatient
195	198		treatment program, or another facility is subject to disapproval by
196	199		the committing court if the court or the attorney representing the
197	200		state has notified the head of the facility or outpatient treatment
198	201		provider, as applicable, to which the defendant has been committed
199	202		that a criminal charge remains pending against the defendant.
200	203		(d) The court shall, on receiving notice from the head of a
201	204		facility or outpatient treatment provider of intent to release the
202	205		defendant under Subsection (b) [may, on motion of the attorney
203	206		representing the state or on its own motion], hold a hearing to
204	207		determine whether release is appropriate under the applicable
205	208		criteria in Subtitle C or D, Title 7, Health and Safety Code. The
206	209		court may, on motion of the attorney representing the state or on
207	210		its own motion, hold a hearing to determine whether release is
208	211		appropriate under the applicable criteria in Subtitle C or D, Title
209	212		7, Health and Safety Code, regardless of whether the court receives
210	213		notice that the head of a facility or outpatient treatment provider
211	214		provides notice of intent to release the defendant under Subsection
212	215		(b). The court may conduct the hearing:
213	216		(1) at the facility; or
214	217		(2) by means of an electronic broadcast system as
215	218		provided by Article 46B.013.
216	219		SECTION 10. Article 46B.151(c), Code of Criminal Procedure,
217	220		is amended to read as follows:
218	221		(c) Notwithstanding Subsection (b), a defendant placed in a
219	222		facility of the commission [Department of State Health Services or
220	223		the Department of Aging and Disability Services] pending civil
221	224		hearing under this article may be detained in that facility only
222	225		with the consent of the head of the facility and pursuant to an
223	226		order of protective custody issued under Subtitle C, Title 7,
224	227		Health and Safety Code.
225	228		SECTION 11. Articles 46C.001(1) and (2), Code of Criminal
226	229		Procedure, are amended to read as follows:
227	230		(1) "Commission" means the Health and Human Services
228	231		Commission ["Commissioner" means the commissioner of state health
229	232		services].
230	233		(2) "Executive commissioner" means the executive
231	234		commissioner of the Health and Human Services Commission
232	235		["Department" means the Department of State Health Services].
233	236		SECTION 12. Subchapter A, Chapter 46C, Code of Criminal
234	237		Procedure, is amended by adding Article 46C.0011 to read as
235	238		follows:
236	239		Art. 46C.0011. FACILITY DESIGNATION. The commission may
237	240		designate for the commitment of a defendant under this chapter only
238	241		a facility operated by the commission or under a contract with the
239	242		commission for that purpose.
240	243		SECTION 13. Article 46C.104, Code of Criminal Procedure, is
241	244		amended to read as follows:
242	245		Art. 46C.104. ORDER COMPELLING DEFENDANT TO SUBMIT TO
243	246		EXAMINATION. (a) For the purposes described by this chapter, the
244	247		court may order any defendant to submit to examination, including a
245	248		defendant who is free on bail. If the defendant fails or refuses to
246	249		submit to examination, the court may order the defendant to custody
247	250		for examination for a reasonable period not to exceed 21
248	251		days. Custody ordered by the court under this subsection may
249	252		include custody at a facility operated by the commission
250	253		[department].
251	254		(b) If a defendant who has been ordered to a facility
252	255		operated by the commission [department] for examination remains in
253	256		the facility for a period that exceeds 21 days, the head of that
254	257		facility shall cause the defendant to be immediately transported to
255	258		the committing court and placed in the custody of the sheriff of the
256	259		county in which the committing court is located. That county shall
257	260		reimburse the facility for the mileage and per diem expenses of the
258	261		personnel required to transport the defendant, calculated in
259	262		accordance with the state travel rules in effect at that time.
260	263		(c) The court may not order a defendant to a facility
261	264		operated by the commission [department] for examination without the
262	265		consent of the head of that facility.
263	266		SECTION 14. Article 46C.106(b), Code of Criminal Procedure,
264	267		is amended to read as follows:
265	268		(b) The county in which the indictment was returned or
266	269		information was filed shall reimburse a facility operated by the
267	270		commission [department] that accepts a defendant for examination
268	271		under this subchapter for expenses incurred that are determined by
269	272		the commission [department] to be reasonably necessary and
270	273		incidental to the proper examination of the defendant.
271	274		SECTION 15. Article 46C.160(b), Code of Criminal Procedure,
272	275		is amended to read as follows:
273	276		(b) The court may order a defendant detained in a facility
274	277		of the commission [department or a facility of the Department of
275	278		Aging and Disability Services] under this article only with the
276	279		consent of the head of the facility.
277	280		SECTION 16. Article 46C.202(a), Code of Criminal Procedure,
278	281		is amended to read as follows:
279	282		(a) Notwithstanding Article 46C.201(b), a person placed in
280	283		a commission [department] facility [or a facility of the Department
281	284		of Aging and Disability Services] pending civil hearing as
282	285		described by that subsection may be detained only with the consent
283	286		of the head of the facility and under an Order of Protective Custody
284	287		issued under Subtitle C or D, Title 7, Health and Safety Code.
285	288		SECTION 17. Articles 46C.251(a) and (b), Code of Criminal
286	289		Procedure, are amended to read as follows:
287	290		(a) The court shall order the acquitted person to be
288	291		committed for evaluation of the person's present mental condition
289	292		and for treatment to the [maximum security unit of any] facility
290	293		designated by the commission [department]. The period of
291	294		commitment under this article may not exceed 30 days.
292	295		(b) The court shall order that:
293	296		(1) a transcript of all medical testimony received in
294	297		the criminal proceeding be prepared as soon as possible by the court
295	298		reporter and the transcript be forwarded to the facility to which
296	299		the acquitted person is committed; and
297	300		(2) the following information be forwarded to the
298	301		facility and[, as applicable,] to the commission [department or the
299	302		Department of Aging and Disability Services]:
300	303		(A) the complete name, race, and gender of the
301	304		person;
302	305		(B) any known identifying number of the person,
303	306		including social security number, driver's license number, or state
304	307		identification number;
305	308		(C) the person's date of birth; and
306	309		(D) the offense of which the person was found not
307	310		guilty by reason of insanity and a statement of the facts and
308	311		circumstances surrounding the alleged offense.
309	312		SECTION 18. Article 46C.260, Code of Criminal Procedure, is
310	313		amended to read as follows:
311	314		Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
312	315		SECURITY [NONSECURE] FACILITY. (a) A person committed to a
313	316		facility under this subchapter shall be committed to a [the maximum
314	317		security unit of any] facility designated by the commission
315	318		[department].
316	319		(b) A person committed under this subchapter shall be
317	320		transferred to the designated facility [maximum security unit]
318	321		immediately on the entry of the order of commitment.
319	322		(c) Unless a [the] person committed to a maximum security
320	323		unit by the commission is determined to be manifestly dangerous by a
321	324		review board under this article [within the department], not later
322	325		than the 60th day following the date of the person's arrival at the
323	326		maximum security unit the person shall be transferred to a
324	327		non-maximum security [nonsecure] unit of a facility designated by
325	328		the commission [department or the Department of Aging and
326	329		Disability Services, as appropriate].
327	330		(d) The executive commissioner shall appoint a review board
328	331		of five members, including one psychiatrist licensed to practice
329	332		medicine in this state and two persons who work directly with
330	333		persons with mental illnesses or with mental retardation, to
331	334		determine whether the person is manifestly dangerous and, as a
332	335		result of the danger the person presents, requires continued
333	336		placement in a maximum security unit.
334	337		(e) If the head of the facility at which the maximum
335	338		security unit is located disagrees with the determination, then the
336	339		matter shall be referred to the executive commissioner. The
337	340		executive commissioner shall decide whether the person is
338	341		manifestly dangerous.
339		-	SECTION 19. Article 55.01, Code of Criminal Procedure, is
340		-	amended by amending Subsection (a) and adding Subsection (a-4) to
341		-	read as follows:
342		-	(a) A person who has been placed under a custodial or
343		-	noncustodial arrest for commission of either a felony or
344		-	misdemeanor is entitled to have all records and files relating to
345		-	the arrest expunged if:
346		-	(1) the person is tried for the offense for which the
347		-	person was arrested and is:
348		-	(A) acquitted by the trial court, except as
349		-	provided by Subsection (c); or
350		-	(B) convicted and subsequently:
351		-	(i) pardoned for a reason other than that
352		-	described by Subparagraph (ii); or
353		-	(ii) pardoned or otherwise granted relief
354		-	on the basis of actual innocence with respect to that offense, if
355		-	the applicable pardon or court order clearly indicates on its face
356		-	that the pardon or order was granted or rendered on the basis of the
357		-	person's actual innocence; or
358		-	(2) the person has been released and the charge, if
359		-	any, has not resulted in a final conviction and is no longer pending
360		-	and there was no court-ordered community supervision under Chapter
361		-	42A for the offense, unless the offense is a Class C misdemeanor,
362		-	provided that:
363		-	(A) regardless of whether any statute of
364		-	limitations exists for the offense and whether any limitations
365		-	period for the offense has expired, an indictment or information
366		-	charging the person with the commission of a misdemeanor offense
367		-	based on the person's arrest or charging the person with the
368		-	commission of any felony offense arising out of the same
369		-	transaction for which the person was arrested:
370		-	(i) has not been presented against the
371		-	person at any time following the arrest, and:
372		-	(a) at least 180 days have elapsed
373		-	from the date of arrest if the arrest for which the expunction was
374		-	sought was for an offense punishable as a Class C misdemeanor and if
375		-	there was no felony charge arising out of the same transaction for
376		-	which the person was arrested;
377		-	(b) at least one year has elapsed from
378		-	the date of arrest if the arrest for which the expunction was sought
379		-	was for an offense punishable as a Class B or A misdemeanor and if
380		-	there was no felony charge arising out of the same transaction for
381		-	which the person was arrested;
382		-	(c) at least three years have elapsed
383		-	from the date of arrest if the arrest for which the expunction was
384		-	sought was for an offense punishable as a felony or if there was a
385		-	felony charge arising out of the same transaction for which the
386		-	person was arrested; or
387		-	(d) the attorney representing the
388		-	state certifies that the applicable arrest records and files are
389		-	not needed for use in any criminal investigation or prosecution,
390		-	including an investigation or prosecution of another person; or
391		-	(ii) if presented at any time following the
392		-	arrest, was dismissed or quashed, and the court finds that the
393		-	indictment or information was dismissed or quashed because:
394		-	(a) the person completed a veterans
395		-	treatment court program created under Chapter 124, Government Code,
396		-	or former law, subject to Subsection (a-3);
397		-	(b) the person completed a mental
398		-	health court program created under Chapter 125, Government Code, or
399		-	former law, subject to Subsection (a-4);
400		-	(c) the person completed a pretrial
401		-	intervention program authorized under Section 76.011, Government
402		-	Code, other than a veterans treatment court program created under
403		-	Chapter 124, Government Code, or former law, or a mental health
404		-	court program created under Chapter 125, Government Code, or former
405		-	law;
406		-	(d) [(c)] the presentment had been
407		-	made because of mistake, false information, or other similar reason
408		-	indicating absence of probable cause at the time of the dismissal to
409		-	believe the person committed the offense; or
410		-	(e) [(d)] the indictment or
411		-	information was void; or
412		-	(B) prosecution of the person for the offense for
413		-	which the person was arrested is no longer possible because the
414		-	limitations period has expired.
415		-	(a-4) A person is eligible under Subsection
416		-	(a)(2)(A)(ii)(b) for an expunction of arrest records and files only
417		-	if:
418		-	(1) the person has not previously received an
419		-	expunction of arrest records and files under that sub-subparagraph;
420		-	and
421		-	(2) the person submits to the court an affidavit
422		-	attesting to that fact.
423		-	SECTION 20. Section 1a, Article 55.02, Code of Criminal
424		-	Procedure, is amended by adding Subsection (a-2) to read as
425		-	follows:
426		-	(a-2) A trial court dismissing a case following a person's
427		-	successful completion of a mental health court program created
428		-	under Chapter 125, Government Code, or former law, if the trial
429		-	court is a district court, or a district court in the county in
430		-	which the trial court is located may, with the consent of the
431		-	attorney representing the state, enter an order of expunction for a
432		-	person entitled to expunction under Article 55.01(a)(2)(A)(ii)(b)
433		-	not later than the 30th day after the date the court dismisses the
434		-	case or receives the information regarding that dismissal, as
435		-	applicable. Notwithstanding any other law, a court that enters an
436		-	order for expunction under this subsection may not charge any fee or
437		-	assess any cost for the expunction.
438		-	SECTION 21. Article 102.006(a), Code of Criminal Procedure,
439		-	is amended to read as follows:
440		-	(a) In addition to any other fees required by other law and
441		-	except as provided by Subsections [Subsection] (b) and (b-1), a
442		-	petitioner seeking expunction of a criminal record in a district
443		-	court shall pay the following fees:
444		-	(1) the fee charged for filing an ex parte petition in
445		-	a civil action in district court;
446		-	(2) $1 plus postage for each certified mailing of
447		-	notice of the hearing date; and
448		-	(3) $2 plus postage for each certified mailing of
449		-	certified copies of an order of expunction.
450		-	SECTION 22. Article 102.006(b), Code of Criminal Procedure,
451		-	as amended by Chapters 693 (H.B. 322) and 1149 (H.B. 557), Acts of
452		-	the 85th Legislature, Regular Session, 2017, is reenacted and
453		-	amended to read as follows:
454		-	(b) The fees under Subsection (a) or the fee under
455		-	Subsection (a-1), as applicable, shall be waived if the
456		-	petitioner[:
457		-	[(1)] seeks expunction of a criminal record that
458		-	relates to an arrest for an offense of which the person was
459		-	acquitted, other than an acquittal for an offense described by
460		-	Article 55.01(c), and the petition for expunction is filed not
461		-	later than the 30th day after the date of the acquittal[; or
462		-	[(2) is entitled to expunction under Article
463		-	55.01(a)(2)(A)(ii)(a) after successful completion of a veterans
464		-	treatment court program created under Chapter 124, Government Code,
465		-	or former law].
466		-	SECTION 23. Article 102.006, Code of Criminal Procedure, is
467		-	amended by adding Subsection (b-1) to read as follows:
468		-	(b-1) The fees under Subsection (a) shall be waived if the
469		-	petitioner is entitled to expunction:
470		-	(1) under Article 55.01(a)(2)(A)(ii)(a) after
471		-	successful completion of a veterans treatment court program created
472		-	under Chapter 124, Government Code, or former law; or
473		-	(2) under Article 55.01(a)(2)(A)(ii)(b) after
474		-	successful completion of a mental health court program created
475		-	under Chapter 125, Government Code, or former law.
476		-	SECTION 24. Section 125.001, Government Code, is amended to
477		-	read as follows:
478		-	Sec. 125.001. MENTAL HEALTH COURT PROGRAM DEFINED;
479		-	PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "mental
480		-	health court program" means a program that has the following
481		-	essential characteristics:
482		-	(1) the integration of mental illness treatment
483		-	services and mental retardation services in the processing of cases
484		-	in the judicial system;
485		-	(2) the use of a nonadversarial approach involving
486		-	prosecutors and defense attorneys to promote public safety and to
487		-	protect the due process rights of program participants;
488		-	(3) early identification and prompt placement of
489		-	eligible participants in the program;
490		-	(4) access to mental illness treatment services and
491		-	mental retardation services;
492		-	(5) ongoing judicial interaction with program
493		-	participants;
494		-	(6) diversion of potentially mentally ill or mentally
495		-	retarded defendants to needed services as an alternative to
496		-	subjecting those defendants to the criminal justice system;
497		-	(7) monitoring and evaluation of program goals and
498		-	effectiveness;
499		-	(8) continuing interdisciplinary education to promote
500		-	effective program planning, implementation, and operations; and
501		-	(9) development of partnerships with public agencies
502		-	and community organizations, including local mental retardation
503		-	authorities.
504		-	(b) If a defendant successfully completes a mental health
505		-	court program, after notice to the attorney representing the state
506		-	and a hearing in the mental health court at which that court
507		-	determines that a dismissal is in the best interest of justice, the
508		-	mental health court shall provide to the court in which the criminal
509		-	case is pending information about the dismissal and shall include
510		-	all of the information required about the defendant for a petition
511		-	for expunction under Section 2(b), Article 55.02, Code of Criminal
512		-	Procedure. The court in which the criminal case is pending shall
513		-	dismiss the case against the defendant and:
514		-	(1) if that trial court is a district court, the court
515		-	may, with the consent of the attorney representing the state, enter
516		-	an order of expunction on behalf of the defendant under Section
517		-	1a(a-2), Article 55.02, Code of Criminal Procedure; or
518		-	(2) if that trial court is not a district court, the
519		-	court may, with the consent of the attorney representing the state,
520		-	forward the appropriate dismissal and expunction information to
521		-	enable a district court with jurisdiction to enter an order of
522		-	expunction on behalf of the defendant under Section 1a(a-2),
523		-	Article 55.02, Code of Criminal Procedure.
524		-	SECTION 25. Chapter 125, Government Code, is amended by
525		-	adding Sections 125.0025 and 125.005 to read as follows:
526		-	Sec. 125.0025. ESTABLISHMENT OF REGIONAL PROGRAM. The
527		-	commissioners courts of two or more counties may elect to establish
528		-	a regional mental health court program under this chapter for the
529		-	participating counties.
530		-	Sec. 125.005. PROGRAM IN CERTAIN COUNTIES MANDATORY.
531		-	(a) The commissioners court of a county with a population of more
532		-	than 200,000 shall:
533		-	(1) establish a mental health court program under
534		-	Section 125.002; and
535		-	(2) direct the judge, magistrate, or coordinator to
536		-	comply with Section 121.002(c)(1).
537		-	(b) A county required under this section to establish a
538		-	mental health court program shall apply for federal and state funds
539		-	available to pay the costs of the program. The criminal justice
540		-	division of the governor's office may assist a county in applying
541		-	for federal funds as required by this subsection.
542		-	(c) Notwithstanding Subsection (a), a county is required to
543		-	establish a mental health court program under this section only if:
544		-	(1) the county receives federal or state funding
545		-	specifically for that purpose in an amount sufficient to pay the
546		-	fund costs of the mental health court program; and
547		-	(2) the judge, magistrate, or coordinator receives the
548		-	verification described by Section 121.002(c)(2).
549		-	(d) A county that is required under this section to
550		-	establish a mental health court program and fails to establish or to
551		-	maintain that program is ineligible to receive grant funding from
552		-	this state or any state agency.
553		-	SECTION 26. Section 532.013(a), Health and Safety Code, is
	342	+	SECTION 19. Section 532.013(a), Health and Safety Code, is
554	343		amended to read as follows:
555	344		(a) In this section:
556	345		(1) "Forensic patient" means a person with mental
557	346		illness or a person with an intellectual disability who is:
558	347		(A) examined on the issue of competency to stand
559	348		trial by an expert appointed under Subchapter B, Chapter 46B, Code
560	349		of Criminal Procedure;
561	350		(B) found incompetent to stand trial under
562	351		Subchapter C, Chapter 46B, Code of Criminal Procedure;
563	352		(C) committed to court-ordered mental health
564	353		services under Subchapter E, Chapter 46B, Code of Criminal
565	354		Procedure; [or]
566	355		(D) found not guilty by reason of insanity under
567	356		Chapter 46C, Code of Criminal Procedure;
568	357		(E) examined on the issue of fitness to proceed
569	358		with juvenile court proceedings by an expert appointed under
570	359		Chapter 51, Family Code; or
571	360		(F) found unfit to proceed under Subchapter C,
572	361		Chapter 55, Family Code.
573	362		(2) "Forensic services" means a competency
574	363		examination, competency restoration services, or mental health or
575	364		intellectual disability services provided to a current or former
576	365		forensic patient in the community or at a department facility.
577		-	SECTION 27. (a) This Act applies only to a proceeding
578		-	under Chapter 46B or 46C, Code of Criminal Procedure, that begins on
579		-	or after the effective date of this Act, regardless of when the
580		-	defendant committed the underlying offense for which the defendant
581		-	became subject to the proceeding. A proceeding that begins before
582		-	the effective date of this Act is governed by the law in effect on
583		-	the date the proceeding began, and the former law is continued in
584		-	effect for that purpose.
585		-	(b) Except as provided by Subsection (c) of this section,
586		-	the changes in law made to Articles 55.01 and 55.02, Code of
587		-	Criminal Procedure, apply to the expunction of arrest records and
588		-	files for a person who successfully completes a mental health court
589		-	program under Chapter 125, Government Code, or former law before,
590		-	on, or after the effective date of this Act, regardless of when the
591		-	underlying arrest occurred.
592		-	(c) The change in law made by this Act to Article 102.006,
593		-	Code of Criminal Procedure, applies to the fees charged or costs
594		-	assessed for an expunction order entered on or after the effective
595		-	date of this Act, regardless of whether the underlying arrest
596		-	occurred before, on, or after the effective date of this Act.
597		-	(d) For a person who is entitled to expunction under Article
598		-	55.01(a)(2)(A)(ii)(b), Code of Criminal Procedure, as amended by
599		-	this Act, based on a successful completion of a mental health court
600		-	program under Chapter 125, Government Code, or former law before
601		-	the effective date of this Act, notwithstanding the 30-day time
602		-	limit provided for the court to enter an automatic order of
603		-	expunction under Section 1a(a-2), Article 55.02, Code of Criminal
604		-	Procedure, as added by this Act, the court may, with the consent of
605		-	the attorney representing the state, enter an order of expunction
606		-	for the person as soon as practicable after the court receives
607		-	written notice from any party to the case about the person's
608		-	entitlement to the expunction.
609		-	SECTION 28. This Act takes effect immediately if it
	366	+	SECTION 20. This Act applies only to a proceeding under the
	367	+	Code of Criminal Procedure that begins on or after the effective
	368	+	date of this Act, regardless of when the defendant committed the
	369	+	underlying offense for which the defendant became subject to the
	370	+	proceeding. A proceeding that begins before the effective date of
	371	+	this Act is governed by the law in effect on the date the proceeding
	372	+	began, and the former law is continued in effect for that purpose.
	373	+	SECTION 21. This Act takes effect immediately if it
610	374		receives a vote of two-thirds of all the members elected to each
611	375		house, as provided by Section 39, Article III, Texas Constitution.
612	376		If this Act does not receive the vote necessary for immediate
613	377		effect, this Act takes effect September 1, 2019.
614		-	______________________________ ______________________________
615		-	President of the Senate Speaker of the House
616		-	I hereby certify that S.B. No. 562 passed the Senate on
617		-	April 29, 2019, by the following vote: Yeas 31, Nays 0;
618		-	May 23, 2019, Senate refused to concur in House amendments and
619		-	requested appointment of Conference Committee; May 23, 2019, House
620		-	granted request of the Senate; May 25, 2019, Senate adopted
621		-	Conference Committee Report by the following vote: Yeas 30,
622		-	Nays 0.
623		-	______________________________
624		-	Secretary of the Senate
625		-	I hereby certify that S.B. No. 562 passed the House, with
626		-	amendments, on May 22, 2019, by the following vote: Yeas 134,
627		-	Nays 7, two present not voting; May 23, 2019, House granted request
628		-	of the Senate for appointment of Conference Committee;
629		-	May 26, 2019, House adopted Conference Committee Report by the
630		-	following vote: Yeas 145, Nays 0, one present not voting.
631		-	______________________________
632		-	Chief Clerk of the House
633		-	Approved:
634		-	______________________________
635		-	Date
636		-	______________________________
637		-	Governor