86R8016 LHC-F
 
  By: Smith H.B. No. 2436
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release on personal bond of certain defendants with
  a mental illness or an intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.032(b), Code of Criminal Procedure,
  as amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of
  the 85th Legislature, Regular Session, 2017, is reenacted to read
  as follows:
         (b)  Notwithstanding Article 17.03(b), or a bond schedule
  adopted or a standing order entered by a judge, a magistrate shall
  release a defendant on personal bond unless good cause is shown
  otherwise if:
               (1)  the defendant is not charged with and has not been
  previously convicted of a violent offense;
               (2)  the defendant is examined by the local mental
  health authority, local intellectual and developmental disability
  authority, or another qualified mental health or intellectual
  disability expert under Article 16.22;
               (3)  the applicable expert, in a written assessment
  submitted to the magistrate under Article 16.22:
                     (A)  concludes that the defendant has a mental
  illness or is a person with an intellectual disability and is
  nonetheless competent to stand trial; and
                     (B)  recommends mental health treatment or
  intellectual disability services for the defendant, as applicable;
               (4)  the magistrate determines, in consultation with
  the local mental health authority or local intellectual and
  developmental disability authority, that appropriate
  community-based mental health or intellectual disability services
  for the defendant are available in accordance with Section 534.053
  or 534.103, Health and Safety Code, or through another mental
  health or intellectual disability services provider; and
               (5)  the magistrate finds, after considering all the
  circumstances, a pretrial risk assessment, if applicable, and any
  other credible information provided by the attorney representing
  the state or the defendant, that release on personal bond would
  reasonably ensure the defendant's appearance in court as required
  and the safety of the community and the victim of the alleged
  offense.
         SECTION 2.  Article 17.032(c), Code of Criminal Procedure,
  as amended by Chapters 748 (S.B. 1326) and 950 (S.B. 1849), Acts of
  the 85th Legislature, Regular Session, 2017, is reenacted and
  amended to read as follows:
         (c)  The magistrate, unless good cause is shown for not
  requiring treatment or services, shall require as a condition of
  release on personal bond under this article that the defendant
  submit to outpatient or inpatient mental health treatment or
  intellectual disability services as recommended by the local mental
  health authority, local intellectual and developmental disability
  authority, or another qualified mental health or intellectual
  disability expert if the defendant's:
               (1)  mental illness or intellectual disability is
  chronic in nature; or
               (2)  ability to function independently will continue to
  deteriorate if the defendant does not receive the recommended
  treatment or services [is not treated].
         SECTION 3.  This Act takes effect September 1, 2019.