| 1 | 1 | | 88R805 JTZ-F |
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| 2 | 2 | | By: Morales Shaw H.B. No. 5238 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures for identifying defendants suspected of |
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| 8 | 8 | | having a mental illness or intellectual disability. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 16.22(a)(1), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (a)(1) Not later than 12 hours after the sheriff or |
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| 13 | 13 | | municipal jailer having custody of a defendant [for an offense |
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| 14 | 14 | | punishable as a Class B misdemeanor or any higher category of |
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| 15 | 15 | | offense] receives credible information that may establish |
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| 16 | 16 | | reasonable cause to believe that the defendant has a mental illness |
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| 17 | 17 | | or is a person with an intellectual disability, the sheriff or |
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| 18 | 18 | | municipal jailer shall provide written or electronic notice to the |
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| 19 | 19 | | magistrate. The notice must include any information related to the |
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| 20 | 20 | | sheriff's or municipal jailer's determination, such as information |
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| 21 | 21 | | regarding the defendant's behavior immediately before, during, and |
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| 22 | 22 | | after the defendant's arrest and, if applicable, the results of any |
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| 23 | 23 | | previous assessment of the defendant. On a determination that |
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| 24 | 24 | | there is reasonable cause to believe that the defendant has a mental |
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| 25 | 25 | | illness or is a person with an intellectual disability, the |
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| 26 | 26 | | magistrate, except as provided by Subdivision (2), shall order the |
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| 27 | 27 | | service provider that contracts with the jail to provide mental |
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| 28 | 28 | | health or intellectual and developmental disability services, the |
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| 29 | 29 | | local mental health authority, the local intellectual and |
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| 30 | 30 | | developmental disability authority, or another qualified mental |
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| 31 | 31 | | health or intellectual and developmental disability expert to: |
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| 32 | 32 | | (A) interview the defendant if the defendant has |
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| 33 | 33 | | not previously been interviewed by a qualified mental health or |
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| 34 | 34 | | intellectual and developmental disability expert on or after the |
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| 35 | 35 | | date the defendant was arrested for the offense for which the |
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| 36 | 36 | | defendant is in custody and otherwise collect information regarding |
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| 37 | 37 | | whether the defendant has a mental illness as defined by Section |
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| 38 | 38 | | 571.003, Health and Safety Code, or is a person with an intellectual |
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| 39 | 39 | | disability as defined by Section 591.003, Health and Safety Code, |
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| 40 | 40 | | including, if applicable, information obtained from any previous |
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| 41 | 41 | | assessment of the defendant and information regarding any |
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| 42 | 42 | | previously recommended treatment or service; and |
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| 43 | 43 | | (B) provide to the magistrate a written report of |
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| 44 | 44 | | an interview described by Paragraph (A) and the other information |
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| 45 | 45 | | collected under that paragraph on the form approved by the Texas |
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| 46 | 46 | | Correctional Office on Offenders with Medical or Mental Impairments |
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| 47 | 47 | | under Section 614.0032(c), Health and Safety Code. |
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| 48 | 48 | | SECTION 2. Articles 16.22(b-2) and (d), Code of Criminal |
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| 49 | 49 | | Procedure, are amended to read as follows: |
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| 50 | 50 | | (b-2) The written report must include a description of the |
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| 51 | 51 | | procedures used in the interview and collection of other |
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| 52 | 52 | | information under Subsection (a)(1)(A) and the applicable expert's |
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| 53 | 53 | | observations and findings pertaining to: |
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| 54 | 54 | | (1) whether the defendant is a person who has a mental |
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| 55 | 55 | | illness or is a person with an intellectual disability; |
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| 56 | 56 | | (2) subject to Article 46B.022, whether there is |
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| 57 | 57 | | clinical evidence to support a belief that the defendant may be |
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| 58 | 58 | | incompetent to stand trial and should undergo a complete competency |
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| 59 | 59 | | examination under Subchapter B, Chapter 46B; and |
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| 60 | 60 | | (3) any appropriate or recommended treatment or |
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| 61 | 61 | | service. |
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| 62 | 62 | | (d) This article does not prevent the applicable court from, |
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| 63 | 63 | | before, during, or after the interview and collection of other |
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| 64 | 64 | | information regarding the defendant as described by this article: |
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| 65 | 65 | | (1) releasing a defendant who has a mental illness or |
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| 66 | 66 | | is a person with an intellectual disability from custody on |
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| 67 | 67 | | personal or surety bond, including imposing as a condition of |
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| 68 | 68 | | release that the defendant submit to an examination or other |
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| 69 | 69 | | assessment; or |
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| 70 | 70 | | (2) subject to Article 46B.002, ordering an |
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| 71 | 71 | | examination regarding the defendant's competency to stand trial. |
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| 72 | 72 | | SECTION 3. The change in law made by this Act applies only |
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| 73 | 73 | | to a person who is arrested on or after the effective date of this |
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| 74 | 74 | | Act. A person arrested before the effective date of this Act is |
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| 75 | 75 | | governed by the law in effect on the date the person was arrested, |
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| 76 | 76 | | and the former law is continued in effect for that purpose. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2023. |
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