88R805 JTZ-F
By: Morales Shaw H.B. No. 5238
A BILL TO BE ENTITLED
AN ACT
relating to procedures for identifying defendants suspected of
having a mental illness or intellectual disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 16.22(a)(1), Code of Criminal Procedure,
is amended to read as follows:
(a)(1) Not later than 12 hours after the sheriff or
municipal jailer having custody of a defendant [for an offense
punishable as a Class B misdemeanor or any higher category of
offense] receives credible information that may establish
reasonable cause to believe that the defendant has a mental illness
or is a person with an intellectual disability, the sheriff or
municipal jailer shall provide written or electronic notice to the
magistrate. The notice must include any information related to the
sheriff's or municipal jailer's determination, such as information
regarding the defendant's behavior immediately before, during, and
after the defendant's arrest and, if applicable, the results of any
previous assessment of the defendant. On a determination that
there is reasonable cause to believe that the defendant has a mental
illness or is a person with an intellectual disability, the
magistrate, except as provided by Subdivision (2), shall order the
service provider that contracts with the jail to provide mental
health or intellectual and developmental disability services, the
local mental health authority, the local intellectual and
developmental disability authority, or another qualified mental
health or intellectual and developmental disability expert to:
(A) interview the defendant if the defendant has
not previously been interviewed by a qualified mental health or
intellectual and developmental disability expert on or after the
date the defendant was arrested for the offense for which the
defendant is in custody and otherwise collect information regarding
whether the defendant has a mental illness as defined by Section
571.003, Health and Safety Code, or is a person with an intellectual
disability as defined by Section 591.003, Health and Safety Code,
including, if applicable, information obtained from any previous
assessment of the defendant and information regarding any
previously recommended treatment or service; and
(B) provide to the magistrate a written report of
an interview described by Paragraph (A) and the other information
collected under that paragraph on the form approved by the Texas
Correctional Office on Offenders with Medical or Mental Impairments
under Section 614.0032(c), Health and Safety Code.
SECTION 2. Articles 16.22(b-2) and (d), Code of Criminal
Procedure, are amended to read as follows:
(b-2) The written report must include a description of the
procedures used in the interview and collection of other
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental
illness or is a person with an intellectual disability;
(2) subject to Article 46B.022, whether there is
clinical evidence to support a belief that the defendant may be
incompetent to stand trial and should undergo a complete competency
examination under Subchapter B, Chapter 46B; and
(3) any appropriate or recommended treatment or
service.
(d) This article does not prevent the applicable court from,
before, during, or after the interview and collection of other
information regarding the defendant as described by this article:
(1) releasing a defendant who has a mental illness or
is a person with an intellectual disability from custody on
personal or surety bond, including imposing as a condition of
release that the defendant submit to an examination or other
assessment; or
(2) subject to Article 46B.002, ordering an
examination regarding the defendant's competency to stand trial.
SECTION 3. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.