Texas 2023 - 88th Regular

Texas House Bill HB1751 Compare Versions

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1	1	88R828 EAS-F
2	2	By: Jones of Harris H.B. No. 1751
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 mental illness or a person with an
44	44	intellectual disability;
45	45	(B) examine discrepancies between attempted
46	46	diversions of persons with mental illness or persons with an
47	47	intellectual disability from criminal justice involvement that
48	48	were not successful and attempted diversions that were successful;
49	49	and
50	50	(C) evaluate the peace officer's use of
51	51	restraints and use of force against persons who the officer has
52	52	reasonable cause to believe are persons with mental illness or
53	53	persons with an intellectual disability; and
54	54	(3) information relating to each complaint filed with
55	55	the agency alleging that a peace officer employed by the agency has
56	56	engaged in racial profiling.
57	57	SECTION 2. Chapter 2, Code of Criminal Procedure, is
58	58	amended by adding Article 2.135 to read as follows:
59	59	Art. 2.135. REPORTS REQUIRED FOR PERSONS WITH SUSPECTED
60	60	MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace officer who
61	61	arrests a person the peace officer has reasonable cause to believe
62	62	is a person with mental illness or a person with an intellectual
63	63	disability or detains the person in accordance with Subchapter A,
64	64	Chapter 573, Health and Safety Code, shall report to the officer's
65	65	law enforcement agency certain information, including:
66	66	(1) a description of the person's behavior that led the
67	67	peace officer to reasonably believe that the person is a person with
68	68	mental illness or a person with an intellectual disability,
69	69	including:
70	70	(A) behavioral indications of mental illness or
71	71	intellectual disability;
72	72	(B) verbal indications of distress by the person
73	73	or a bystander;
74	74	(C) physical injuries incurred before or during
75	75	the arrest; and
76	76	(D) any medical treatment provided during the
77	77	arrest;
78	78	(2) the initial reason for the person's arrest;
79	79	(3) whether the officer conducted a search and, if so,
80	80	whether the person consented to the search;
81	81	(4) any contraband or other evidence that was
82	82	discovered in the course of a search conducted by the officer and a
83	83	description of the contraband or evidence;
84	84	(5) the reason for a search conducted by the officer,
85	85	including whether:
86	86	(A) any contraband or other evidence was in plain
87	87	view;
88	88	(B) any probable cause or reasonable suspicion
89	89	existed to perform the search; or
90	90	(C) the search was performed as a result of:
91	91	(i) the towing of the motor vehicle; or
92	92	(ii) the arrest of any person in the motor
93	93	vehicle;
94	94	(6) whether the law enforcement agency made a good
95	95	faith effort to divert a person suffering a mental health crisis or
96	96	suffering from the effects of substance abuse to a proper treatment
97	97	center, as described by Article 16.23;
98	98	(7) whether the officer used restraint against the
99	99	person; and
100	100	(8) whether the officer used physical force that
101	101	resulted in bodily injury, as that term is defined by Section 1.07,
102	102	Penal Code, during the stop.
103	103	(b) The arresting officer shall provide the report
104	104	described by Subsection (a) to the sheriff or municipal jailer at
105	105	the time the defendant is transferred into the custody of the
106	106	sheriff or jailer.
107	107	(c) The chief administrator of a law enforcement agency,
108	108	regardless of whether the administrator is elected, employed, or
109	109	appointed, is responsible for auditing reports under Subsection (a)
110	110	to ensure the agency complies with this article by reporting all the
111	111	required information.
112	112	SECTION 3. Section 511.0101(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) Each county shall submit to the commission on or before
115	115	the fifth day of each month a report containing the following
116	116	information:
117	117	(1) the number of prisoners confined in the county
118	118	jail on the first day of the month, classified on the basis of the
119	119	following categories:
120	120	(A) total prisoners;
121	121	(B) pretrial Class C misdemeanor offenders;
122	122	(C) pretrial Class A and B misdemeanor offenders;
123	123	(D) convicted misdemeanor offenders;
124	124	(E) felony offenders whose penalty has been
125	125	reduced to a misdemeanor;
126	126	(F) pretrial felony offenders;
127	127	(G) convicted felony offenders;
128	128	(H) prisoners detained on bench warrants;
129	129	(I) prisoners detained for parole violations;
130	130	(J) prisoners detained for federal officers;
131	131	(K) prisoners awaiting transfer to the
132	132	institutional division of the Texas Department of Criminal Justice
133	133	following conviction of a felony or revocation of probation,
134	134	parole, or release on mandatory supervision and for whom paperwork
135	135	and processing required for transfer have been completed;
136	136	(L) prisoners detained after having been
137	137	transferred from another jail and for whom the commission has made a
138	138	payment under Subchapter F, Chapter 499, Government Code;
139	139	(M) prisoners for whom an immigration detainer
140	140	has been issued by United States Immigration and Customs
141	141	Enforcement;
142	142	(N) female prisoners; and
143	143	(O) other prisoners;
144	144	(2) the total capacity of the county jail on the first
145	145	day of the month;
146	146	(3) the total number of prisoners who were confined in
147	147	the county jail during the preceding month, based on a count
148	148	conducted on each day of that month, who were known or had been
149	149	determined to be pregnant;
150	150	(4) the total cost to the county during the preceding
151	151	month of housing prisoners described by Subdivision (1)(M),
152	152	calculated based on the average daily cost of housing a prisoner in
153	153	the county jail; [and]
154	154	(5) the following information concerning prisoners in
155	155	the county jail that the sheriff has reasonable cause to believe are
156	156	persons with mental illness or persons with an intellectual
157	157	disability:
158	158	(A) the total number of mental health or
159	159	intellectual and developmental disability screenings completed in
160	160	the jail;
161	161	(B) the total number of notifications that a
162	162	sheriff or municipal jailer provided to a magistrate, as required
163	163	by Article 16.22(a)(1), Code of Criminal Procedure;
164	164	(C) the total number of mental health or
165	165	intellectual and developmental disability interviews, as required
166	166	by Article 16.22(a)(1), Code of Criminal Procedure;
167	167	(D) the location of the interviews described by
168	168	Paragraph (C);
169	169	(E) whether the interviews described by
170	170	Paragraph (C) were conducted in person in the jail, by telephone,
171	171	through a telemedicine medical service or telehealth service, or
172	172	through any other method; and
173	173	(F) the outcomes of the interviews described by
174	174	Paragraph (C); and
175	175	(6) certification by the reporting official that the
176	176	information in the report is accurate.
177	177	SECTION 4. Section 1701.164, Occupations Code, is amended
178	178	to read as follows:
179	179	Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
180	180	SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
181	181	collect and maintain incident-based data submitted to the
182	182	commission under Article 2.134, Code of Criminal Procedure,
183	183	including incident-based data compiled by a law enforcement agency
184	184	from reports received by the law enforcement agency under Articles
185	185	[Article] 2.133 and 2.135 of that code. The commission in
186	186	consultation with the Department of Public Safety, the Bill
187	187	Blackwood Law Enforcement Management Institute of Texas, the W. W.
188	188	Caruth, Jr., Police Institute at Dallas, and the Texas Police
189	189	Chiefs Association shall develop guidelines for submitting in a
190	190	standard format the report containing incident-based data as
191	191	required by Article 2.134, Code of Criminal Procedure.
192	192	SECTION 5. A county shall submit the first report required
193	193	by Section 511.0101, Government Code, as amended by this Act, not
194	194	later than October 5, 2023.
195	195	SECTION 6. This Act takes effect September 1, 2023.