Texas 2023 - 88th Regular

Texas Senate Bill SB1279 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11951 MCF-D
2	2	By: Huffman S.B. No. 1279
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release on personal bond of certain defendants with
8	8	a mental illness or an intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 17.032(a) and (b), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) In this article, "offense involving violence" has the
13	13	meaning assigned by Article 17.03 ["violent offense" means an
14	14	offense under the following sections of the Penal Code:
15	15	[(1) Section 19.02 (murder);
16	16	[(2) Section 19.03 (capital murder);
17	17	[(3) Section 20.03 (kidnapping);
18	18	[(4) Section 20.04 (aggravated kidnapping);
19	19	[(5) Section 21.11 (indecency with a child);
20	20	[(6) Section 22.01(a)(1) (assault), if the offense
21	21	involved family violence as defined by Section 71.004, Family Code;
22	22	[(7) Section 22.011 (sexual assault);
23	23	[(8) Section 22.02 (aggravated assault);
24	24	[(9) Section 22.021 (aggravated sexual assault);
25	25	[(10) Section 22.04 (injury to a child, elderly
26	26	individual, or disabled individual);
27	27	[(11) Section 29.03 (aggravated robbery);
28	28	[(12) Section 21.02 (continuous sexual abuse of young
29	29	child or disabled individual); or
30	30	[(13) Section 20A.03 (continuous trafficking of
31	31	persons)].
32	32	(b) Notwithstanding Article 17.03(b), or a bond schedule
33	33	adopted or a standing order entered by a judge, a magistrate shall
34	34	release a defendant on personal bond unless good cause is shown
35	35	otherwise if:
36	36	(1) the defendant is not charged with and has not been
37	37	previously convicted of an [a violent] offense involving violence;
38	38	(2) the defendant is examined by the service provider
39	39	that contracts with the jail to provide mental health or
40	40	intellectual and developmental disability services, the local
41	41	mental health authority, the local intellectual and developmental
42	42	disability authority, or another qualified mental health or
43	43	intellectual and developmental disability expert under Article
44	44	16.22;
45	45	(3) the applicable expert, in a written report
46	46	submitted to the magistrate under Article 16.22:
47	47	(A) concludes that the defendant has a mental
48	48	illness or is a person with an intellectual disability and is
49	49	nonetheless competent to stand trial; and
50	50	(B) recommends mental health treatment or
51	51	intellectual and developmental disability services for the
52	52	defendant, as applicable;
53	53	(4) the magistrate determines, in consultation with
54	54	the local mental health authority or local intellectual and
55	55	developmental disability authority, that appropriate
56	56	community-based mental health or intellectual and developmental
57	57	disability services for the defendant are available in accordance
58	58	with Section 534.053 or 534.103, Health and Safety Code, or through
59	59	another mental health or intellectual and developmental disability
60	60	services provider; and
61	61	(5) the magistrate finds, after considering all the
62	62	circumstances, a pretrial risk assessment, if applicable, and any
63	63	other credible information provided by the attorney representing
64	64	the state or the defendant, that release on personal bond would
65	65	reasonably ensure the defendant's appearance in court as required
66	66	and the safety of the community and the victim of the alleged
67	67	offense.
68	68	SECTION 2. Article 46B.073(c), Code of Criminal Procedure,
69	69	is amended to read as follows:
70	70	(c) If the defendant is charged with an offense involving
71	71	violence as defined by [listed in] Article 17.03 [17.032(a)] or if
72	72	the indictment alleges an affirmative finding under Article
73	73	42A.054(c) or (d), the court shall enter an order committing the
74	74	defendant for competency restoration services to a facility
75	75	designated by the commission.
76	76	SECTION 3. Article 46B.104, Code of Criminal Procedure, is
77	77	amended to read as follows:
78	78	Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
79	79	VIOLENCE. A defendant committed to a facility as a result of
80	80	proceedings initiated under this chapter shall be committed to the
81	81	facility designated by the commission if:
82	82	(1) the defendant is charged with an offense involving
83	83	violence as defined by [listed in] Article 17.03 [17.032(a)]; or
84	84	(2) the indictment charging the offense alleges an
85	85	affirmative finding under Article 42A.054(c) or (d).
86	86	SECTION 4. Article 17.032, Code of Criminal Procedure, as
87	87	amended by this Act, applies only to a person who is arrested on or
88	88	after the effective date of this Act. A person arrested before the
89	89	effective date of this Act is governed by the law in effect on the
90	90	date the person was arrested, and the former law is continued in
91	91	effect for that purpose.
92	92	SECTION 5. This Act takes effect September 1, 2023.