89R4544 EAS-F
By: Jones of Harris H.B. No. 1455
A BILL TO BE ENTITLED
AN ACT
relating to the collection and reporting of information regarding
mental health jail diversion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2B, Code of Criminal
Procedure, is amended by adding Article 2B.00541 to read as
follows:
Art. 2B.00541. REPORTS REQUIRED FOR INDIVIDUALS WITH
SUSPECTED MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace
officer who arrests an individual who the peace officer has
reasonable cause to believe is an individual with mental illness or
an intellectual disability or detains the individual in accordance
with Subchapter A, Chapter 573, Health and Safety Code, shall
report to the officer's law enforcement agency the following
information:
(1) a description of the individual's behavior that
led the peace officer to reasonably believe the individual is an
individual with mental illness or an intellectual disability,
including:
(A) behavioral indications of mental illness or
intellectual disability;
(B) verbal indications of distress by the
individual or a bystander;
(C) physical injuries incurred before or during
the arrest; and
(D) any medical treatment provided during the
arrest;
(2) the initial reason for the individual's arrest;
(3) whether the officer conducted a search and whether
the individual consented to the search;
(4) any contraband or other evidence discovered in the
course of the officer's search and a description of the contraband
or evidence;
(5) the reason for the officer's search, including
whether:
(A) any contraband or other evidence was in plain
view;
(B) any probable cause or reasonable suspicion
existed to perform the search; or
(C) the search was performed as a result of:
(i) the towing of the motor vehicle; or
(ii) the arrest of any individual in the
motor vehicle;
(6) whether the law enforcement agency made a good
faith effort to divert an individual suffering a mental health
crisis or suffering from the effects of substance abuse to a proper
treatment center, as described by Article 16.23;
(7) whether the officer used restraint against the
individual; and
(8) whether the officer used physical force during the
stop resulting in bodily injury, as that term is defined by Section
1.07, Penal Code.
(b) The arresting officer shall provide the report
described by Subsection (a) to the sheriff or municipal jailer at
the time the defendant is transferred into the custody of the
sheriff or jailer.
(c) The chief administrator of a law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, is responsible for auditing reports under Subsection (a)
to ensure the agency complies with this article by reporting all the
required information.
SECTION 2. Articles 2B.0055(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Articles [Article] 2B.0054 and 2B.00541.
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed. The report must include:
(1) a comparative analysis of the information compiled
under Article 2B.0054 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of:
(i) individuals recognized as members of
racial or ethnic minority groups; and
(ii) individuals not recognized as members
of racial or ethnic minority groups;
(B) examine the disposition of motor vehicle
stops made by officers employed by the agency, categorized
according to the race or ethnicity of the individuals affected, as
appropriate, including any searches resulting from stops within the
applicable jurisdiction; and
(C) evaluate and compare the number of searches
resulting from motor vehicle stops within the applicable
jurisdiction and whether contraband or other evidence was
discovered during those searches; [and]
(2) a comparative analysis of the information compiled
under Article 2B.00541 to:
(A) examine the initial reason a peace officer
arrested an individual who the officer had reasonable cause to
believe is an individual with mental illness or an intellectual
disability;
(B) examine discrepancies between successful and
unsuccessful attempted diversions of individuals with mental
illness or an intellectual disability from criminal justice
involvement; and
(C) evaluate the peace officer's use of
restraints and force against individuals who the officer has
reasonable cause to believe are individuals with mental illness or
an intellectual disability; and
(3) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
SECTION 3. Section 511.0101(a), Government Code, is amended
to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code;
(M) prisoners for whom an immigration detainer
has been issued by United States Immigration and Customs
Enforcement;
(N) female prisoners; and
(O) other prisoners;
(2) the total capacity of the county jail on the first
day of the month;
(3) the total number of prisoners who were confined in
the county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant;
(4) the total cost to the county during the preceding
month of housing prisoners described by Subdivision (1)(M),
calculated based on the average daily cost of housing a prisoner in
the county jail; [and]
(5) information on prisoners in the county jail who
the sheriff has reasonable cause to believe are individuals with
mental illness or an intellectual disability, including:
(A) the number of mental health or intellectual
and developmental disability screenings completed in the jail;
(B) the number of notifications a sheriff or
municipal jailer provided to a magistrate, as required by Article
16.22(a)(1), Code of Criminal Procedure;
(C) the number of mental health or intellectual
and developmental disability interviews conducted, as required by
Article 16.22(a)(1), Code of Criminal Procedure;
(D) the locations of the interviews described by
Paragraph (C);
(E) whether the interviews described by
Paragraph (C) were conducted in person in the jail, by telephone,
through a telemedicine medical service or telehealth service, or
through any other method; and
(F) the outcomes of the interviews described by
Paragraph (C); and
(6) certification by the reporting official that the
information in the report is accurate.
SECTION 4. Section 1701.164, Occupations Code, is amended
to read as follows:
Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
collect and maintain incident-based data submitted to the
commission under Article 2B.0055, Code of Criminal Procedure,
including incident-based data compiled by a law enforcement agency
from reports received by the law enforcement agency under Articles
[Article] 2B.0054 and 2B.00541 of that code. The commission in
consultation with the Department of Public Safety, the Bill
Blackwood Law Enforcement Management Institute of Texas, the W. W.
Caruth, Jr., Police Institute at Dallas, and the Texas Police
Chiefs Association shall develop guidelines for submitting in a
standard format the report containing incident-based data as
required by Article 2B.0055, Code of Criminal Procedure.
SECTION 5. A county shall submit the first report required
by Section 511.0101, Government Code, as amended by this Act, not
later than October 5, 2025.
SECTION 6. This Act takes effect September 1, 2025.