Texas 2021 - 87th Regular

Texas House Bill HB3075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10388 EAS-F
2	2	By: Coleman H.B. No. 3075
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection and reporting of certain information
8	8	regarding mental health jail diversion.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 2.134(b) and (c), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(b) A law enforcement agency shall compile and analyze the
13	13	information contained in each report received by the agency under
14	14	Articles [Article] 2.133 and 2.135. Not later than March 1 of each
15	15	year, each law enforcement agency shall submit a report containing
16	16	the incident-based data compiled during the previous calendar year
17	17	to the Texas Commission on Law Enforcement and, if the law
18	18	enforcement agency is a local law enforcement agency, to the
19	19	governing body of each county or municipality served by the agency.
20	20	(c) A report required under Subsection (b) must be submitted
21	21	by the chief administrator of the law enforcement agency,
22	22	regardless of whether the administrator is elected, employed, or
23	23	appointed, and must include:
24	24	(1) a comparative analysis of the information compiled
25	25	under Article 2.133 to:
26	26	(A) evaluate and compare the number of motor
27	27	vehicle stops, within the applicable jurisdiction, of persons who
28	28	are recognized as racial or ethnic minorities and persons who are
29	29	not recognized as racial or ethnic minorities;
30	30	(B) examine the disposition of motor vehicle
31	31	stops made by officers employed by the agency, categorized
32	32	according to the race or ethnicity of the affected persons, as
33	33	appropriate, including any searches resulting from stops within the
34	34	applicable jurisdiction; and
35	35	(C) evaluate and compare the number of searches
36	36	resulting from motor vehicle stops within the applicable
37	37	jurisdiction and whether contraband or other evidence was
38	38	discovered in the course of those searches; [and]
39	39	(2) a comparative analysis of the information compiled
40	40	under Article 2.135 to:
41	41	(A) examine the initial reason that a peace
42	42	officer arrested a person the officer had reasonable cause to
43	43	believe is a person with a mental illness or intellectual
44	44	disability;
45	45	(B) examine discrepancies between attempted
46	46	diversions of persons with a mental illness or intellectual
47	47	disability from criminal justice involvement that were not
48	48	successful and attempted diversions that were successful; and
49	49	(C) evaluate the peace officer's use of
50	50	restraints and use of force against persons who the officer has
51	51	reasonable cause to believe are persons with a mental illness or
52	52	intellectual disability; and
53	53	(3) information relating to each complaint filed with
54	54	the agency alleging that a peace officer employed by the agency has
55	55	engaged in racial profiling.
56	56	SECTION 2. Chapter 2, Code of Criminal Procedure, is
57	57	amended by adding Article 2.135 to read as follows:
58	58	Art. 2.135. REPORTS REQUIRED FOR PERSONS WITH SUSPECTED
59	59	MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace officer who
60	60	arrests a person the peace officer has reasonable cause to believe
61	61	is a person with a mental illness or intellectual disability or
62	62	detains the person in accordance with Subchapter A, Chapter 573,
63	63	Health and Safety Code, shall report to the officer's law
64	64	enforcement agency certain information, including:
65	65	(1) a description of the person's behavior that led the
66	66	peace officer to reasonably believe that the person is a person with
67	67	a mental illness or intellectual disability, including:
68	68	(A) behavioral indications of a mental illness or
69	69	intellectual disability;
70	70	(B) verbal indications of distress by the person
71	71	or a bystander;
72	72	(C) physical injuries incurred before or during
73	73	the arrest; and
74	74	(D) any medical treatment provided during the
75	75	arrest;
76	76	(2) the initial reason for the person's arrest;
77	77	(3) whether the officer conducted a search and, if so,
78	78	whether the person consented to the search;
79	79	(4) any contraband or other evidence that was
80	80	discovered in the course of a search conducted by the officer and a
81	81	description of the contraband or evidence;
82	82	(5) the reason for a search conducted by the officer,
83	83	including whether:
84	84	(A) any contraband or other evidence was in plain
85	85	view;
86	86	(B) any probable cause or reasonable suspicion
87	87	existed to perform the search; or
88	88	(C) the search was performed as a result of:
89	89	(i) the towing of the motor vehicle; or
90	90	(ii) the arrest of any person in the motor
91	91	vehicle;
92	92	(6) whether the law enforcement agency made a good
93	93	faith effort to divert a person suffering a mental health crisis or
94	94	from the effects of substance abuse to a proper treatment center, as
95	95	described by Article 16.23;
96	96	(7) whether the officer used restraint against the
97	97	person; and
98	98	(8) whether the officer used physical force that
99	99	resulted in bodily injury, as that term is defined by Section 1.07,
100	100	Penal Code, during the stop.
101	101	(b) The arresting officer shall provide the report
102	102	described by Subsection (a) to the sheriff or municipal jailer at
103	103	the time the defendant is transferred into the custody of the
104	104	sheriff or jailer.
105	105	(c) The chief administrator of a law enforcement agency,
106	106	regardless of whether the administrator is elected, employed, or
107	107	appointed, is responsible for auditing reports under Subsection (a)
108	108	to ensure the agency complies with this article by reporting all the
109	109	required information.
110	110	SECTION 3. Section 511.0101(a), Government Code, is amended
111	111	to read as follows:
112	112	(a) Each county shall submit to the commission on or before
113	113	the fifth day of each month a report containing the following
114	114	information:
115	115	(1) the number of prisoners confined in the county
116	116	jail on the first day of the month, classified on the basis of the
117	117	following categories:
118	118	(A) total prisoners;
119	119	(B) pretrial Class C misdemeanor offenders;
120	120	(C) pretrial Class A and B misdemeanor offenders;
121	121	(D) convicted misdemeanor offenders;
122	122	(E) felony offenders whose penalty has been
123	123	reduced to a misdemeanor;
124	124	(F) pretrial felony offenders;
125	125	(G) convicted felony offenders;
126	126	(H) prisoners detained on bench warrants;
127	127	(I) prisoners detained for parole violations;
128	128	(J) prisoners detained for federal officers;
129	129	(K) prisoners awaiting transfer to the
130	130	institutional division of the Texas Department of Criminal Justice
131	131	following conviction of a felony or revocation of probation,
132	132	parole, or release on mandatory supervision and for whom paperwork
133	133	and processing required for transfer have been completed;
134	134	(L) prisoners detained after having been
135	135	transferred from another jail and for whom the commission has made a
136	136	payment under Subchapter F, Chapter 499, Government Code;
137	137	(M) prisoners for whom an immigration detainer
138	138	has been issued by United States Immigration and Customs
139	139	Enforcement;
140	140	(N) female prisoners; and
141	141	(O) other prisoners;
142	142	(2) the total capacity of the county jail on the first
143	143	day of the month;
144	144	(3) the total number of prisoners who were confined in
145	145	the county jail during the preceding month, based on a count
146	146	conducted on each day of that month, who were known or had been
147	147	determined to be pregnant;
148	148	(4) the total cost to the county during the preceding
149	149	month of housing prisoners described by Subdivision (1)(M),
150	150	calculated based on the average daily cost of housing a prisoner in
151	151	the county jail; [and]
152	152	(5) the following information concerning prisoners in
153	153	the county jail that the sheriff has reasonable cause to believe are
154	154	persons with a mental illness or intellectual disability:
155	155	(A) the total number of mental health or
156	156	intellectual and developmental disability screenings completed in
157	157	the jail;
158	158	(B) the total number of notifications that a
159	159	sheriff or municipal jailer provided to a magistrate, as required
160	160	by Article 16.22(a)(1), Code of Criminal Procedure;
161	161	(C) the total number of mental health or
162	162	intellectual and developmental disability interviews, as required
163	163	by Article 16.22(a)(1), Code of Criminal Procedure;
164	164	(D) the location of the interviews described by
165	165	Paragraph (C);
166	166	(E) whether the interview described by Paragraph
167	167	(C) was conducted in person in the jail, by telephone, through a
168	168	telemedicine medical service or telehealth service, or through any
169	169	other method; and
170	170	(F) the outcome of the interview described by
171	171	Paragraph (C); and
172	172	(6) certification by the reporting official that the
173	173	information in the report is accurate.
174	174	SECTION 4. Section 1701.164, Occupations Code, is amended
175	175	to read as follows:
176	176	Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
177	177	SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
178	178	collect and maintain incident-based data submitted to the
179	179	commission under Article 2.134, Code of Criminal Procedure,
180	180	including incident-based data compiled by a law enforcement agency
181	181	from reports received by the law enforcement agency under Articles
182	182	[Article] 2.133 and 2.135 of that code. The commission in
183	183	consultation with the Department of Public Safety, the Bill
184	184	Blackwood Law Enforcement Management Institute of Texas, the W. W.
185	185	Caruth, Jr., Police Institute at Dallas, and the Texas Police
186	186	Chiefs Association shall develop guidelines for submitting in a
187	187	standard format the report containing incident-based data as
188	188	required by Article 2.134, Code of Criminal Procedure.
189	189	SECTION 5. A county shall submit the first report required
190	190	by Section 511.0101, Government Code, as amended by this Act, not
191	191	later than October 5, 2021.
192	192	SECTION 6. This Act takes effect September 1, 2021.