Texas 2021 - 87th Regular

Texas House Bill HB4486 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R7482 MAW-F
2		-	By: Guillen, Muñoz, Jr., Ramos, Raymond, H.B. No. 4486
3		-	Guerra
	2	+	By: Guillen H.B. No. 4486
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to procedures for identifying defendants suspected of
9	8		having a mental illness or intellectual disability.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Article 16.22(a)(1), Code of Criminal Procedure,
12	11		is amended to read as follows:
13	12		(a)(1) Not later than 12 hours after the sheriff or
14	13		municipal jailer having custody of a defendant [for an offense
15	14		punishable as a Class B misdemeanor or any higher category of
16	15		offense] receives credible information that may establish
17	16		reasonable cause to believe that the defendant has a mental illness
18	17		or is a person with an intellectual disability, the sheriff or
19	18		municipal jailer shall provide written or electronic notice to the
20	19		magistrate. The notice must include any information related to the
21	20		sheriff's or municipal jailer's determination, such as information
22	21		regarding the defendant's behavior immediately before, during, and
23	22		after the defendant's arrest and, if applicable, the results of any
24	23		previous assessment of the defendant. On a determination that
25	24		there is reasonable cause to believe that the defendant has a mental
26	25		illness or is a person with an intellectual disability, the
27	26		magistrate, except as provided by Subdivision (2), shall order the
28	27		service provider that contracts with the jail to provide mental
29	28		health or intellectual and developmental disability services, the
30	29		local mental health authority, the local intellectual and
31	30		developmental disability authority, or another qualified mental
32	31		health or intellectual and developmental disability expert to:
33	32		(A) interview the defendant if the defendant has
34	33		not previously been interviewed by a qualified mental health or
35	34		intellectual and developmental disability expert on or after the
36	35		date the defendant was arrested for the offense for which the
37	36		defendant is in custody and otherwise collect information regarding
38	37		whether the defendant has a mental illness as defined by Section
39	38		571.003, Health and Safety Code, or is a person with an intellectual
40	39		disability as defined by Section 591.003, Health and Safety Code,
41	40		including, if applicable, information obtained from any previous
42	41		assessment of the defendant and information regarding any
43	42		previously recommended treatment or service; and
44	43		(B) provide to the magistrate a written report of
45	44		an interview described by Paragraph (A) and the other information
46	45		collected under that paragraph on the form approved by the Texas
47	46		Correctional Office on Offenders with Medical or Mental Impairments
48	47		under Section 614.0032(c), Health and Safety Code.
49	48		SECTION 2. Articles 16.22(b-1) and (d), Code of Criminal
50	49		Procedure, are amended to read as follows:
51	50		(b-1) The magistrate shall provide copies of the written
52	51		report to the defense counsel, the attorney representing the state,
53	52		and the trial court. The written report must include a description
54	53		of the procedures used in the interview and collection of other
55	54		information under Subsection (a)(1)(A) and the applicable expert's
56	55		observations and findings pertaining to:
57	56		(1) whether the defendant is a person who has a mental
58	57		illness or is a person with an intellectual disability;
59	58		(2) subject to Article 46B.002, whether there is
60	59		clinical evidence to support a belief that the defendant may be
61	60		incompetent to stand trial and should undergo a complete competency
62	61		examination under Subchapter B, Chapter 46B; and
63	62		(3) any appropriate or recommended treatment or
64	63		service.
65	64		(d) This article does not prevent the applicable court from,
66	65		before, during, or after the interview and collection of other
67	66		information regarding the defendant as described by this article:
68	67		(1) releasing a defendant who has a mental illness or
69	68		is a person with an intellectual disability from custody on
70	69		personal or surety bond, including imposing as a condition of
71	70		release that the defendant submit to an examination or other
72	71		assessment; or
73	72		(2) subject to Article 46B.002, ordering an
74	73		examination regarding the defendant's competency to stand trial.
75	74		SECTION 3. The change in law made by this Act applies only
76	75		to a person who is arrested on or after the effective date of this
77	76		Act. A person arrested before the effective date of this Act is
78	77		governed by the law in effect on the date the person was arrested,
79	78		and the former law is continued in effect for that purpose.
80	79		SECTION 4. This Act takes effect September 1, 2021.