Texas 2025 - 89th Regular

Texas Senate Bill SB2264 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11960 EAS-D
2	2	By: Cook S.B. No. 2264
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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 diversion under Subdivision (6) was
56	56	successful or unsuccessful, and if unsuccessful, the reasons why;
57	57	(8) whether the officer used restraint against the
58	58	individual; and
59	59	(9) whether the officer used physical force during the
60	60	stop resulting in bodily injury, as that term is defined by Section
61	61	1.07, Penal Code.
62	62	(b) The arresting officer shall provide the report
63	63	described by Subsection (a) to the sheriff or municipal jailer at
64	64	the time the defendant is transferred into the custody of the
65	65	sheriff or jailer.
66	66	(c) The chief administrator of a law enforcement agency,
67	67	regardless of whether the administrator is elected, employed, or
68	68	appointed, is responsible for auditing reports under Subsection (a)
69	69	to ensure the agency complies with this article by reporting all the
70	70	required information.
71	71	SECTION 2. Articles 2B.0055(a) and (c), Code of Criminal
72	72	Procedure, are amended to read as follows:
73	73	(a) A law enforcement agency shall compile and analyze the
74	74	information contained in each report received by the agency under
75	75	Articles [Article] 2B.0054 and 2B.00541.
76	76	(c) A report required under Subsection (b) must be submitted
77	77	by the chief administrator of the law enforcement agency,
78	78	regardless of whether the administrator is elected, employed, or
79	79	appointed. The report must include:
80	80	(1) a comparative analysis of the information compiled
81	81	under Article 2B.0054 to:
82	82	(A) evaluate and compare the number of motor
83	83	vehicle stops, within the applicable jurisdiction, of:
84	84	(i) individuals recognized as members of
85	85	racial or ethnic minority groups; and
86	86	(ii) individuals not recognized as members
87	87	of racial or ethnic minority groups;
88	88	(B) examine the disposition of motor vehicle
89	89	stops made by officers employed by the agency, categorized
90	90	according to the race or ethnicity of the individuals affected, as
91	91	appropriate, including any searches resulting from stops within the
92	92	applicable jurisdiction; and
93	93	(C) evaluate and compare the number of searches
94	94	resulting from motor vehicle stops within the applicable
95	95	jurisdiction and whether contraband or other evidence was
96	96	discovered during those searches; [and]
97	97	(2) a comparative analysis of the information compiled
98	98	under Article 2B.00541 to:
99	99	(A) examine the initial reason a peace officer
100	100	arrested an individual who the officer had reasonable cause to
101	101	believe is an individual with mental illness or an intellectual
102	102	disability;
103	103	(B) examine discrepancies between successful and
104	104	unsuccessful attempted diversions of individuals with mental
105	105	illness or an intellectual disability from criminal justice
106	106	involvement; and
107	107	(C) evaluate the peace officer's use of
108	108	restraints and force against individuals who the officer has
109	109	reasonable cause to believe are individuals with mental illness or
110	110	an intellectual disability; and
111	111	(3) information relating to each complaint filed with
112	112	the agency alleging that a peace officer employed by the agency has
113	113	engaged in racial profiling.
114	114	SECTION 3. Section 511.0101(a), Government Code, is amended
115	115	to read as follows:
116	116	(a) Each county shall submit to the commission on or before
117	117	the fifth day of each month a report containing the following
118	118	information:
119	119	(1) the number of prisoners confined in the county
120	120	jail on the first day of the month, classified on the basis of the
121	121	following categories:
122	122	(A) total prisoners;
123	123	(B) pretrial Class C misdemeanor offenders;
124	124	(C) pretrial Class A and B misdemeanor offenders;
125	125	(D) convicted misdemeanor offenders;
126	126	(E) felony offenders whose penalty has been
127	127	reduced to a misdemeanor;
128	128	(F) pretrial felony offenders;
129	129	(G) convicted felony offenders;
130	130	(H) prisoners detained on bench warrants;
131	131	(I) prisoners detained for parole violations;
132	132	(J) prisoners detained for federal officers;
133	133	(K) prisoners awaiting transfer to the
134	134	institutional division of the Texas Department of Criminal Justice
135	135	following conviction of a felony or revocation of probation,
136	136	parole, or release on mandatory supervision and for whom paperwork
137	137	and processing required for transfer have been completed;
138	138	(L) prisoners detained after having been
139	139	transferred from another jail and for whom the commission has made a
140	140	payment under Subchapter F, Chapter 499, Government Code;
141	141	(M) prisoners for whom an immigration detainer
142	142	has been issued by United States Immigration and Customs
143	143	Enforcement;
144	144	(N) female prisoners; and
145	145	(O) other prisoners;
146	146	(2) the total capacity of the county jail on the first
147	147	day of the month;
148	148	(3) the total number of prisoners who were confined in
149	149	the county jail during the preceding month, based on a count
150	150	conducted on each day of that month, who were known or had been
151	151	determined to be pregnant;
152	152	(4) the total cost to the county during the preceding
153	153	month of housing prisoners described by Subdivision (1)(M),
154	154	calculated based on the average daily cost of housing a prisoner in
155	155	the county jail; [and]
156	156	(5) information on prisoners in the county jail who
157	157	the sheriff has reasonable cause to believe are individuals with
158	158	mental illness or an intellectual disability, including:
159	159	(A) the number of mental health or intellectual
160	160	and developmental disability screenings completed in the jail;
161	161	(B) the number of notifications a sheriff or
162	162	municipal jailer provided to a magistrate, as required by Article
163	163	16.22(a)(1), Code of Criminal Procedure;
164	164	(C) the number of mental health or intellectual
165	165	and developmental disability interviews conducted, as required by
166	166	Article 16.22(a)(1), Code of Criminal Procedure;
167	167	(D) the locations of the interviews described by
168	168	Paragraph (C);
169	169	(E) whether the interviews described by
170	170	Paragraph (C) were conducted in person in the jail, by telephone,
171	171	through a telemedicine medical service or telehealth service, or
172	172	through any other method; and
173	173	(F) the outcomes of the interviews described by
174	174	Paragraph (C); and
175	175	(6) certification by the reporting official that the
176	176	information in the report is accurate.
177	177	SECTION 4. Section 1701.164, Occupations Code, is amended
178	178	to read as follows:
179	179	Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
180	180	SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
181	181	collect and maintain incident-based data submitted to the
182	182	commission under Article 2B.0055, Code of Criminal Procedure,
183	183	including incident-based data compiled by a law enforcement agency
184	184	from reports received by the law enforcement agency under Articles
185	185	[Article] 2B.0054 and 2B.00541 of that code. The commission in
186	186	consultation with the Department of Public Safety, the Bill
187	187	Blackwood Law Enforcement Management Institute of Texas, the W. W.
188	188	Caruth, Jr., Police Institute at Dallas, and the Texas Police
189	189	Chiefs Association shall develop guidelines for submitting in a
190	190	standard format the report containing incident-based data as
191	191	required by Article 2B.0055, Code of Criminal Procedure.
192	192	SECTION 5. A county shall submit the first report required
193	193	by Section 511.0101, Government Code, as amended by this Act, not
194	194	later than October 5, 2025.
195	195	SECTION 6. This Act takes effect September 1, 2025.