Texas 2025 - 89th Regular

Texas House Bill HB1455 Compare Versions

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1	1	89R4544 EAS-F
2	2	By: Jones of Harris H.B. No. 1455
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the collection and reporting of information regarding
10	10	mental health jail diversion.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 2B, Code of Criminal
13	13	Procedure, is amended by adding Article 2B.00541 to read as
14	14	follows:
15	15	Art. 2B.00541. REPORTS REQUIRED FOR INDIVIDUALS WITH
16	16	SUSPECTED MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace
17	17	officer who arrests an individual who the peace officer has
18	18	reasonable cause to believe is an individual with mental illness or
19	19	an intellectual disability or detains the individual in accordance
20	20	with Subchapter A, Chapter 573, Health and Safety Code, shall
21	21	report to the officer's law enforcement agency the following
22	22	information:
23	23	(1) a description of the individual's behavior that
24	24	led the peace officer to reasonably believe the individual is an
25	25	individual with mental illness or an intellectual disability,
26	26	including:
27	27	(A) behavioral indications of mental illness or
28	28	intellectual disability;
29	29	(B) verbal indications of distress by the
30	30	individual or a bystander;
31	31	(C) physical injuries incurred before or during
32	32	the arrest; and
33	33	(D) any medical treatment provided during the
34	34	arrest;
35	35	(2) the initial reason for the individual's arrest;
36	36	(3) whether the officer conducted a search and whether
37	37	the individual consented to the search;
38	38	(4) any contraband or other evidence discovered in the
39	39	course of the officer's search and a description of the contraband
40	40	or evidence;
41	41	(5) the reason for the officer's search, including
42	42	whether:
43	43	(A) any contraband or other evidence was in plain
44	44	view;
45	45	(B) any probable cause or reasonable suspicion
46	46	existed to perform the search; or
47	47	(C) the search was performed as a result of:
48	48	(i) the towing of the motor vehicle; or
49	49	(ii) the arrest of any individual in the
50	50	motor vehicle;
51	51	(6) whether the law enforcement agency made a good
52	52	faith effort to divert an individual suffering a mental health
53	53	crisis or suffering from the effects of substance abuse to a proper
54	54	treatment center, as described by Article 16.23;
55	55	(7) whether the officer used restraint against the
56	56	individual; and
57	57	(8) whether the officer used physical force during the
58	58	stop resulting in bodily injury, as that term is defined by Section
59	59	1.07, Penal Code.
60	60	(b) The arresting officer shall provide the report
61	61	described by Subsection (a) to the sheriff or municipal jailer at
62	62	the time the defendant is transferred into the custody of the
63	63	sheriff or jailer.
64	64	(c) The chief administrator of a law enforcement agency,
65	65	regardless of whether the administrator is elected, employed, or
66	66	appointed, is responsible for auditing reports under Subsection (a)
67	67	to ensure the agency complies with this article by reporting all the
68	68	required information.
69	69	SECTION 2. Articles 2B.0055(a) and (c), Code of Criminal
70	70	Procedure, are amended to read as follows:
71	71	(a) A law enforcement agency shall compile and analyze the
72	72	information contained in each report received by the agency under
73	73	Articles [Article] 2B.0054 and 2B.00541.
74	74	(c) A report required under Subsection (b) must be submitted
75	75	by the chief administrator of the law enforcement agency,
76	76	regardless of whether the administrator is elected, employed, or
77	77	appointed. The report must include:
78	78	(1) a comparative analysis of the information compiled
79	79	under Article 2B.0054 to:
80	80	(A) evaluate and compare the number of motor
81	81	vehicle stops, within the applicable jurisdiction, of:
82	82	(i) individuals recognized as members of
83	83	racial or ethnic minority groups; and
84	84	(ii) individuals not recognized as members
85	85	of racial or ethnic minority groups;
86	86	(B) examine the disposition of motor vehicle
87	87	stops made by officers employed by the agency, categorized
88	88	according to the race or ethnicity of the individuals affected, as
89	89	appropriate, including any searches resulting from stops within the
90	90	applicable jurisdiction; and
91	91	(C) evaluate and compare the number of searches
92	92	resulting from motor vehicle stops within the applicable
93	93	jurisdiction and whether contraband or other evidence was
94	94	discovered during those searches; [and]
95	95	(2) a comparative analysis of the information compiled
96	96	under Article 2B.00541 to:
97	97	(A) examine the initial reason a peace officer
98	98	arrested an individual who the officer had reasonable cause to
99	99	believe is an individual with mental illness or an intellectual
100	100	disability;
101	101	(B) examine discrepancies between successful and
102	102	unsuccessful attempted diversions of individuals with mental
103	103	illness or an intellectual disability from criminal justice
104	104	involvement; and
105	105	(C) evaluate the peace officer's use of
106	106	restraints and force against individuals who the officer has
107	107	reasonable cause to believe are individuals with mental illness or
108	108	an intellectual disability; and
109	109	(3) information relating to each complaint filed with
110	110	the agency alleging that a peace officer employed by the agency has
111	111	engaged in racial profiling.
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) information on prisoners in the county jail who
155	155	the sheriff has reasonable cause to believe are individuals with
156	156	mental illness or an intellectual disability, including:
157	157	(A) the number of mental health or intellectual
158	158	and developmental disability screenings completed in the jail;
159	159	(B) the number of notifications a sheriff or
160	160	municipal jailer provided to a magistrate, as required by Article
161	161	16.22(a)(1), Code of Criminal Procedure;
162	162	(C) the number of mental health or intellectual
163	163	and developmental disability interviews conducted, as required by
164	164	Article 16.22(a)(1), Code of Criminal Procedure;
165	165	(D) the locations of the interviews described by
166	166	Paragraph (C);
167	167	(E) whether the interviews described by
168	168	Paragraph (C) were conducted in person in the jail, by telephone,
169	169	through a telemedicine medical service or telehealth service, or
170	170	through any other method; and
171	171	(F) the outcomes of the interviews described by
172	172	Paragraph (C); and
173	173	(6) certification by the reporting official that the
174	174	information in the report is accurate.
175	175	SECTION 4. Section 1701.164, Occupations Code, is amended
176	176	to read as follows:
177	177	Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
178	178	SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
179	179	collect and maintain incident-based data submitted to the
180	180	commission under Article 2B.0055, Code of Criminal Procedure,
181	181	including incident-based data compiled by a law enforcement agency
182	182	from reports received by the law enforcement agency under Articles
183	183	[Article] 2B.0054 and 2B.00541 of that code. The commission in
184	184	consultation with the Department of Public Safety, the Bill
185	185	Blackwood Law Enforcement Management Institute of Texas, the W. W.
186	186	Caruth, Jr., Police Institute at Dallas, and the Texas Police
187	187	Chiefs Association shall develop guidelines for submitting in a
188	188	standard format the report containing incident-based data as
189	189	required by Article 2B.0055, Code of Criminal Procedure.
190	190	SECTION 5. A county shall submit the first report required
191	191	by Section 511.0101, Government Code, as amended by this Act, not
192	192	later than October 5, 2025.
193	193	SECTION 6. This Act takes effect September 1, 2025.