Bill Text: TX HB601 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to criminal or juvenile procedures and reporting requirements regarding persons who are or may be persons with a mental illness or an intellectual disability.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB601 Detail]

Download: Texas-2019-HB601-Enrolled.html
 
 
  H.B. No. 601
 
 
 
 
AN ACT
  relating to criminal or juvenile procedures and reporting
  requirements regarding persons who are or may be persons with a
  mental illness or an intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  SECTION 1.  Article 16.22(a), 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:
         (a)(1)  Not later than 12 hours after the sheriff or
  municipal jailer having custody of a defendant for an offense
  punishable as a Class B misdemeanor or any higher category of
  offense receives credible information that may establish
  reasonable cause to believe that the defendant has a mental illness
  or is a person with an intellectual disability, the sheriff or
  municipal jailer shall provide written or electronic notice to the
  magistrate. The notice must include any information related to the
  sheriff's or municipal jailer's determination, such as information
  regarding the defendant's behavior immediately before, during, and
  after the defendant's arrest and, if applicable, the results of any
  previous assessment of the defendant. On a determination that
  there is reasonable cause to believe that the defendant has a mental
  illness or is a person with an intellectual disability, the
  magistrate, except as provided by Subdivision (2), shall order the
  service provider that contracts with the jail to provide mental
  health or intellectual and developmental disability services, the
  local mental health authority, the local intellectual and
  developmental disability authority, or another qualified mental
  health or intellectual and developmental disability expert to:
                     (A)  interview the defendant if the defendant has
  not previously been interviewed by a qualified mental health or
  intellectual and developmental disability expert on or after the
  date the defendant was arrested for the offense for which the
  defendant is in custody and otherwise collect information regarding
  whether the defendant has a mental illness as defined by Section
  571.003, Health and Safety Code, or is a person with an intellectual
  disability as defined by Section 591.003, Health and Safety Code,
  including, if applicable, information obtained from any previous
  assessment of the defendant and information regarding any
  previously recommended treatment or service; and
                     (B)  provide to the magistrate a written report 
  [assessment] of an interview described by Paragraph (A) and the
  other information collected under that paragraph [Paragraph (A)] on
  the form approved by the Texas Correctional Office on Offenders
  with Medical or Mental Impairments under Section 614.0032(c) 
  [614.0032(b)], Health and Safety Code.
               (2)  The magistrate is not required to order the
  interview and collection of other information under Subdivision (1)
  if the defendant in the year preceding the defendant's applicable
  date of arrest has been determined to have a mental illness or to be
  a person with an intellectual disability by the service provider
  that contracts with the jail to provide mental health or
  intellectual and developmental disability services, the local
  mental health authority, the local intellectual and developmental
  disability authority, or another mental health or intellectual and
  developmental disability expert described by Subdivision (1). A
  court that elects to use the results of that previous determination
  may proceed under Subsection (c).
               (3)  If the defendant fails or refuses to submit to the
  interview and collection of other information regarding the
  defendant as required under Subdivision (1), the magistrate may
  order the defendant to submit to an examination in a jail, or in
  another place determined to be appropriate by the local mental
  health authority or local intellectual and developmental
  disability authority, for a reasonable period not to exceed 72
  hours. If applicable, the county in which the committing court is
  located shall reimburse the local mental health authority or local
  intellectual and developmental disability authority for the
  mileage and per diem expenses of the personnel required to
  transport the defendant, calculated in accordance with the state
  travel regulations in effect at the time.
         SECTION 2.  Article 16.22, Code of Criminal Procedure, is
  amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (f)
  and amending Subsections (b), (b-1), (c), (d), and (e) to read as
  follows:
         (a-1)  If a magistrate orders a local mental health
  authority, a local intellectual and developmental disability
  authority, or another qualified mental health or intellectual and
  developmental disability expert to conduct an interview or collect
  information under Subsection (a)(1), the commissioners court for
  the county in which the magistrate is located shall reimburse the
  local mental health authority, local intellectual and
  developmental disability authority, or qualified mental health or
  intellectual and developmental disability expert for the cost of
  performing those duties in the amount provided by the fee schedule
  adopted under Subsection (a-2) or in the amount determined by the
  judge under Subsection (a-3), as applicable.
         (a-2)  The commissioners court for a county may adopt a fee
  schedule to pay for the costs to conduct an interview and collect
  information under Subsection (a)(1). In developing the fee
  schedule, the commissioners court shall consider the generally
  accepted reasonable cost in that county of performing the duties
  described by Subsection (a)(1). A fee schedule described by this
  subsection must be adopted in a public hearing and must be
  periodically reviewed by the commissioners court.
         (a-3)  If the cost of performing the duties described by
  Subsection (a)(1) exceeds the amount provided by the applicable fee
  schedule or if the commissioners court for the applicable county
  has not adopted a fee schedule, the authority or expert who
  performed the duties may request that the judge who has
  jurisdiction over the underlying offense determine the reasonable
  amount for which the authority or expert is entitled to be
  reimbursed under Subsection (a-1). The amount determined under
  this subsection may not be less than the amount provided by the fee
  schedule, if applicable. The judge shall determine the amount not
  later than the 45th day after the date the request is made. The
  judge is not required to hold a hearing before making a
  determination under this subsection.
         (a-4)  An interview under Subsection (a)(1) may be conducted
  in person in the jail, by telephone, or through a telemedicine
  medical service or telehealth service.
         (b)  Except as otherwise permitted by the magistrate for good
  cause shown, a written report [assessment] of an interview
  described by Subsection (a)(1)(A) and the other information
  collected under that paragraph [Subsection (a)(1)(A)] shall be
  provided to the magistrate:
               (1)  for a defendant held in custody, not later than 96
  hours after the time an order was issued under Subsection (a); or
               (2)  for a defendant released from custody, not later
  than the 30th day after the date an order was issued under
  Subsection (a).
         (b-1)  The magistrate shall provide copies of the written
  report [assessment] to the defense counsel, the attorney
  representing the state, and the trial court.  The written report
  [assessment] must include a description of the procedures used in
  the interview and collection of other information under Subsection
  (a)(1)(A) and the applicable expert's observations and findings
  pertaining to:
               (1)  whether the defendant is a person who has a mental
  illness or is a person with an intellectual disability;
               (2)  whether there is clinical evidence to support a
  belief that the defendant may be incompetent to stand trial and
  should undergo a complete competency examination under Subchapter
  B, Chapter 46B; and
               (3)  any appropriate or recommended treatment or
  service.
         (c)  After the trial court receives the applicable expert's
  written report [assessment] relating to the defendant under
  Subsection (b-1) or elects to use the results of a previous
  determination as described by Subsection (a)(2), the trial court
  may, as applicable:
               (1)  resume criminal proceedings against the
  defendant, including any appropriate proceedings related to the
  defendant's release on personal bond under Article 17.032 if the
  defendant is being held in custody;
               (2)  resume or initiate competency proceedings, if
  required, as provided by Chapter 46B or other proceedings affecting
  the defendant's receipt of appropriate court-ordered mental health
  or intellectual and developmental disability services, including
  proceedings related to the defendant's receipt of outpatient mental
  health services under Section 574.034, Health and Safety Code;
               (3)  consider the written report [assessment] during
  the punishment phase after a conviction of the offense for which the
  defendant was arrested, as part of a presentence investigation
  report, or in connection with the impositions of conditions
  following placement on community supervision, including deferred
  adjudication community supervision; or
               (4)  refer the defendant to an appropriate specialty
  court established or operated under Subtitle K, Title 2, Government
  Code.
         (d)  This article does not prevent the applicable court from,
  before, during, or after the interview and collection of other 
  information regarding the defendant as described by this article:
               (1)  releasing a defendant who has a mental illness or
  is a person with an intellectual disability from custody on
  personal or surety bond, including imposing as a condition of
  release that the defendant submit to an examination or other
  assessment; or
               (2)  ordering an examination regarding the defendant's
  competency to stand trial.
         (e)  The Texas Judicial Council shall adopt rules to require
  the reporting of [The magistrate shall submit to the Office of
  Court Administration of the Texas Judicial System on a monthly
  basis] the number of written reports [assessments] provided to a
  [the] court under Subsection (a)(1)(B).  The rules must require
  submission of the reports to the Office of Court Administration of
  the Texas Judicial System on a monthly basis.
         (f)  A written report submitted to a magistrate under
  Subsection (a)(1)(B) is confidential and not subject to disclosure
  under Chapter 552, Government Code, but may be used or disclosed as
  provided by this article.
         SECTION 3.  Articles 17.032(b) and (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, are
  reenacted and amended 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 service provider
  that contracts with the jail to provide mental health or
  intellectual and developmental disability services, the local
  mental health authority, the local intellectual and developmental
  disability authority, or another qualified mental health or
  intellectual and developmental disability expert under Article
  16.22;
               (3)  the applicable expert, in a written report
  [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 and developmental 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 and developmental
  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 and developmental 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.
         (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 and developmental disability services as recommended
  by the service provider that contracts with the jail to provide
  mental health or intellectual and developmental disability
  services, the local mental health authority, the local intellectual
  and developmental disability authority, or another qualified
  mental health or intellectual and developmental 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 4.  Sections 8(a) and (c), Article 42.09, Code of
  Criminal Procedure, are amended to read as follows:
         (a)  A county that transfers a defendant to the Texas
  Department of Criminal Justice under this article shall deliver to
  an officer designated by the department:
               (1)  a copy of the judgment entered pursuant to Article
  42.01, completed on a standardized felony judgment form described
  by Section 4 of that article;
               (2)  a copy of any order revoking community supervision
  and imposing sentence pursuant to Article 42A.755, including:
                     (A)  any amounts owed for restitution, fines, and
  court costs, completed on a standardized felony judgment form
  described by Section 4, Article 42.01; and
                     (B)  a copy of the client supervision plan
  prepared for the defendant by the community supervision and
  corrections department supervising the defendant, if such a plan
  was prepared;
               (3)  a written report that states the nature and the
  seriousness of each offense and that states the citation to the
  provision or provisions of the Penal Code or other law under which
  the defendant was convicted;
               (4)  a copy of the victim impact statement, if one has
  been prepared in the case under Article 56.03;
               (5)  a statement as to whether there was a change in
  venue in the case and, if so, the names of the county prosecuting
  the offense and the county in which the case was tried;
               (6)  if requested, information regarding the criminal
  history of the defendant, including the defendant's state
  identification number if the number has been issued;
               (7)  a copy of the indictment or information for each
  offense;
               (8)  a checklist sent by the department to the county
  and completed by the county in a manner indicating that the
  documents required by this subsection and Subsection (c) accompany
  the defendant;
               (9)  if prepared, a copy of a presentence or
  postsentence report prepared under Subchapter F, Chapter 42A;
               (10)  a copy of any detainer, issued by an agency of the
  federal government, that is in the possession of the county and that
  has been placed on the defendant;
               (11)  if prepared, a copy of the defendant's Texas
  Uniform Health Status Update Form; [and]
               (12)  a written description of a hold or warrant,
  issued by any other jurisdiction, that the county is aware of and
  that has been placed on or issued for the defendant; and
               (13)  a copy of any mental health records, mental
  health screening reports, or similar information regarding the
  mental health of the defendant.
         (c)  A county that transfers a defendant to the Texas
  Department of Criminal Justice under this article shall also
  deliver to the designated officer any presentence or postsentence
  investigation report, revocation report, psychological or
  psychiatric evaluation of the defendant, including a written report
  provided to a court under Article 16.22(a)(1)(B) or an evaluation
  prepared for the juvenile court before transferring the defendant
  to criminal court and contained in the criminal prosecutor's file,
  and available social or psychological background information
  relating to the defendant and may deliver to the designated officer
  any additional information upon which the judge or jury bases the
  punishment decision.
         SECTION 5.  Article 46B.001, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.001.  DEFINITIONS. In this chapter:
               (1)  "Adaptive behavior" means the effectiveness with
  or degree to which a person meets the standards of personal
  independence and social responsibility expected of the person's age
  and cultural group.
               (2)  "Commission" means the Health and Human Services
  Commission.
               (3)  "Competency restoration" means the treatment or
  education process for restoring a person's ability to consult with
  the person's attorney with a reasonable degree of rational
  understanding, including a rational and factual understanding of
  the court proceedings and charges against the person.
               (4)  "Developmental period" means the period of a
  person's life from birth through 17 years of age.
               (5)  "Electronic broadcast system" means a two-way
  electronic communication of image and sound between the defendant
  and the court and includes secure Internet videoconferencing.
               (6)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (7)  "Inpatient mental health facility" has the meaning
  assigned by Section 571.003, Health and Safety Code.
               (8) [(2)]  "Intellectual disability" means
  significantly subaverage general intellectual functioning that is
  concurrent with deficits in adaptive behavior and originates during
  the developmental period [has the meaning assigned by Section
  591.003, Health and Safety Code].
               (9) [(3)]  "Local mental health authority" has the
  meaning assigned by Section 571.003, Health and Safety Code.
               (10) [(4)]  "Local intellectual and developmental
  disability authority" has the meaning assigned by Section 531.002,
  Health and Safety Code.
               (11) [(5)]  "Mental health facility" has the meaning
  assigned by Section 571.003, Health and Safety Code.
               (12) [(6)]  "Mental illness" means an illness,
  disease, or condition, other than epilepsy, dementia, substance
  abuse, or intellectual disability, that grossly impairs:
                     (A)  a person's thought, perception of reality,
  emotional process, or judgment; or
                     (B)  behavior as demonstrated by recent disturbed
  behavior [has the meaning assigned by Section 571.003, Health and
  Safety Code].
               (13) [(7)]  "Residential care facility" has the
  meaning assigned by Section 591.003, Health and Safety Code.
               (14)  "Subaverage general intellectual functioning"
  means a measured intelligence two or more standard deviations below
  the age-group mean, using a standardized psychometric instrument.
               [(8)     "Electronic broadcast system" means a two-way
  electronic communication of image and sound between the defendant
  and the court and includes secure Internet videoconferencing.
               [(9)     "Competency restoration" means the treatment or
  education process for restoring a person's ability to consult with
  the person's attorney with a reasonable degree of rational
  understanding, including a rational and factual understanding of
  the court proceedings and charges against the person.]
         SECTION 6.  Subchapter A, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.0021 to read as
  follows:
         Art. 46B.0021.  FACILITY DESIGNATION. The commission may
  designate for the commitment of a defendant under this chapter only
  a facility operated by the commission or under a contract with the
  commission for that purpose.
         SECTION 7.  Article 46B.073(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  If the defendant is charged with an offense listed in
  Article 17.032(a)[, other than an offense under Section
  22.01(a)(1), Penal Code,] or if the indictment alleges an
  affirmative finding under Article 42A.054(c) or (d), the court
  shall enter an order committing the defendant for competency
  restoration services to a [the maximum security unit of any]
  facility designated by the commission [Department of State Health
  Services, to an agency of the United States operating a mental
  hospital, or to a Department of Veterans Affairs hospital].
         SECTION 8.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.0831 to read as
  follows:
         Art. 46B.0831.  DETERMINATION WHETHER DEFENDANT IS
  MANIFESTLY DANGEROUS. A defendant committed to a maximum security
  unit by the commission may be assessed, at any time before the
  defendant is restored to competency, by the review board
  established under Section 46B.105 to determine whether the
  defendant is manifestly dangerous. If the review board determines
  the defendant is not manifestly dangerous, the commission shall
  transfer the defendant to a non-maximum security facility
  designated by the commission.
         SECTION 9.  Article 46B.104, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
  VIOLENCE. A defendant committed to a facility as a result of
  proceedings initiated under this chapter shall be committed to the
  [maximum security unit of any] facility designated by the
  commission [Department of State Health Services] if:
               (1)  the defendant is charged with an offense listed in
  Article 17.032(a)[, other than an offense listed in Article
  17.032(a)(6)]; or
               (2)  the indictment charging the offense alleges an
  affirmative finding under Article 42A.054(c) or (d).
         SECTION 10.  Articles 46B.105(a), (b), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Unless a defendant committed to a maximum security unit
  by the commission is determined to be manifestly dangerous by a
  review board established under Subsection (b), not later than the
  60th day after the date the defendant arrives at the maximum
  security unit, the defendant shall be transferred to:
               (1)  a unit of an inpatient mental health facility
  other than a maximum security unit;
               (2)  a residential care facility; or
               (3)  a program designated by a local mental health
  authority or a local intellectual and developmental disability
  authority.
         (b)  The executive commissioner [of state health services]
  shall appoint a review board of five members, including one
  psychiatrist licensed to practice medicine in this state and two
  persons who work directly with persons with mental illness or an
  intellectual disability, to determine whether the defendant is
  manifestly dangerous and, as a result of the danger the defendant
  presents, requires continued placement in a maximum security unit.
         (e)  If the superintendent of the facility at which the
  maximum security unit is located disagrees with the determination,
  the matter shall be referred to the executive commissioner [of
  state health services]. The executive commissioner shall decide
  whether the defendant is manifestly dangerous.
         SECTION 11.  Article 46B.106(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A defendant committed to a facility as a result of the
  proceedings initiated under this chapter, other than a defendant
  described by Article 46B.104, shall be committed to:
               (1)  a facility designated by the commission
  [Department of State Health Services or the Department of Aging and
  Disability Services, as appropriate]; or
               (2)  an outpatient treatment program.
         SECTION 12.  Articles 46B.107(a) and (d), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The release of a defendant committed under this chapter
  from the commission [Department of State Health Services, the
  Department of Aging and Disability Services], an outpatient
  treatment program, or another facility is subject to disapproval by
  the committing court if the court or the attorney representing the
  state has notified the head of the facility or outpatient treatment
  provider, as applicable, to which the defendant has been committed
  that a criminal charge remains pending against the defendant.
         (d)  The court shall, on receiving notice from the head of a
  facility or outpatient treatment provider of intent to release the
  defendant under Subsection (b) [may, on motion of the attorney
  representing the state or on its own motion], hold a hearing to
  determine whether release is appropriate under the applicable
  criteria in Subtitle C or D, Title 7, Health and Safety Code. The
  court may, on motion of the attorney representing the state or on
  its own motion, hold a hearing to determine whether release is
  appropriate under the applicable criteria in Subtitle C or D, Title
  7, Health and Safety Code, regardless of whether the court receives
  notice that the head of a facility or outpatient treatment provider
  provides notice of intent to release the defendant under Subsection
  (b). The court may conduct the hearing:
               (1)  at the facility; or
               (2)  by means of an electronic broadcast system as
  provided by Article 46B.013.
         SECTION 13.  Article 46B.151(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  Notwithstanding Subsection (b), a defendant placed in a
  facility of the commission [Department of State Health Services or
  the Department of Aging and Disability Services] pending civil
  hearing under this article may be detained in that facility only
  with the consent of the head of the facility and pursuant to an
  order of protective custody issued under Subtitle C, Title 7,
  Health and Safety Code.
         SECTION 14.  Articles 46C.001(1) and (2), Code of Criminal
  Procedure, are amended to read as follows:
               (1)  "Commission" means the Health and Human Services
  Commission ["Commissioner" means the commissioner of state health
  services].
               (2)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission
  ["Department" means the Department of State Health Services].
         SECTION 15.  Subchapter A, Chapter 46C, Code of Criminal
  Procedure, is amended by adding Article 46C.0011 to read as
  follows:
         Art. 46C.0011.  FACILITY DESIGNATION. The commission may
  designate for the commitment of a defendant under this chapter only
  a facility operated by the commission or under a contract with the
  commission for that purpose.
         SECTION 16.  Article 46C.104, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46C.104.  ORDER COMPELLING DEFENDANT TO SUBMIT TO
  EXAMINATION. (a)  For the purposes described by this chapter, the
  court may order any defendant to submit to examination, including a
  defendant who is free on bail. If the defendant fails or refuses to
  submit to examination, the court may order the defendant to custody
  for examination for a reasonable period not to exceed 21 days.  
  Custody ordered by the court under this subsection may include
  custody at a facility operated by the commission [department].
         (b)  If a defendant who has been ordered to a facility
  operated by the commission [department] for examination remains in
  the facility for a period that exceeds 21 days, the head of that
  facility shall cause the defendant to be immediately transported to
  the committing court and placed in the custody of the sheriff of the
  county in which the committing court is located.  That county shall
  reimburse the facility for the mileage and per diem expenses of the
  personnel required to transport the defendant, calculated in
  accordance with the state travel rules in effect at that time.
         (c)  The court may not order a defendant to a facility
  operated by the commission [department] for examination without the
  consent of the head of that facility.
         SECTION 17.  Article 46C.106(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The county in which the indictment was returned or
  information was filed shall reimburse a facility operated by the
  commission [department] that accepts a defendant for examination
  under this subchapter for expenses incurred that are determined by
  the commission [department] to be reasonably necessary and
  incidental to the proper examination of the defendant.
         SECTION 18.  Article 46C.160(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The court may order a defendant detained in a facility
  of the commission [department or a facility of the Department of
  Aging and Disability Services] under this article only with the
  consent of the head of the facility.
         SECTION 19.  Article 46C.202(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Notwithstanding Article 46C.201(b), a person placed in
  a commission [department] facility [or a facility of the Department
  of Aging and Disability Services] pending civil hearing as
  described by that subsection may be detained only with the consent
  of the head of the facility and under an Order of Protective Custody
  issued under Subtitle C or D, Title 7, Health and Safety Code.
         SECTION 20.  Articles 46C.251(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The court shall order the acquitted person to be
  committed for evaluation of the person's present mental condition
  and for treatment to the [maximum security unit of any] facility
  designated by the commission [department]. The period of
  commitment under this article may not exceed 30 days.
         (b)  The court shall order that:
               (1)  a transcript of all medical testimony received in
  the criminal proceeding be prepared as soon as possible by the court
  reporter and the transcript be forwarded to the facility to which
  the acquitted person is committed; and
               (2)  the following information be forwarded to the
  facility and[, as applicable,] to the commission [department or the
  Department of Aging and Disability Services]:
                     (A)  the complete name, race, and gender of the
  person;
                     (B)  any known identifying number of the person,
  including social security number, driver's license number, or state
  identification number;
                     (C)  the person's date of birth; and
                     (D)  the offense of which the person was found not
  guilty by reason of insanity and a statement of the facts and
  circumstances surrounding the alleged offense.
         SECTION 21.  Article 46C.260, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46C.260.  TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM
  SECURITY [NONSECURE] FACILITY. (a)  A person committed to a
  facility under this subchapter shall be committed to a [the maximum
  security unit of any] facility designated by the commission
  [department].
         (b)  A person committed under this subchapter shall be
  transferred to the designated facility [maximum security unit]
  immediately on the entry of the order of commitment.
         (c)  Unless a [the] person committed to a maximum security
  unit by the commission is determined to be manifestly dangerous by a
  review board under this article [within the department], not later
  than the 60th day following the date of the person's arrival at the
  maximum security unit the person shall be transferred to a
  non-maximum security [nonsecure] unit of a facility designated by
  the commission [department or the Department of Aging and
  Disability Services, as appropriate].
         (d)  The executive commissioner shall appoint a review board
  of five members, including one psychiatrist licensed to practice
  medicine in this state and two persons who work directly with
  persons with mental illnesses or with mental retardation, to
  determine whether the person is manifestly dangerous and, as a
  result of the danger the person presents, requires continued
  placement in a maximum security unit.
         (e)  If the head of the facility at which the maximum
  security unit is located disagrees with the determination, then the
  matter shall be referred to the executive commissioner.  The
  executive commissioner shall decide whether the person is
  manifestly dangerous.
         SECTION 22.  Section 511.0085(a), Government Code, is
  amended to read as follows:
         (a)  The commission shall develop a comprehensive set of risk
  factors to use in assessing the overall risk level of each jail
  under the commission's jurisdiction.  The set of risk factors must
  include:
               (1)  a history of the jail's compliance with state law
  and commission rules, standards, and procedures;
               (2)  the population of the jail;
               (3)  the number and nature of complaints regarding the
  jail, including complaints regarding a violation of any required
  ratio of correctional officers to inmates;
               (4)  problems with the jail's internal grievance
  procedures;
               (5)  available mental and medical health reports
  relating to inmates in the jail, including reports relating to
  infectious disease or pregnant inmates;
               (6)  recent turnover among sheriffs and jail staff;
               (7)  inmate escapes from the jail;
               (8)  the number and nature of inmate deaths at the jail,
  including the results of the investigations of those deaths; and
               (9)  whether the jail is in compliance with commission
  rules, standards developed by the Texas Correctional Office on
  Offenders with Medical or Mental Impairments, and the requirements
  of Article 16.22, Code of Criminal Procedure, regarding screening
  and assessment protocols for the early identification of and
  reports concerning persons with mental illness or an intellectual
  disability.
         SECTION 23.  Section 532.013(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this section:
               (1)  "Forensic patient" means a person with mental
  illness or a person with an intellectual disability who is:
                     (A)  examined on the issue of competency to stand
  trial by an expert appointed under Subchapter B, Chapter 46B, Code
  of Criminal Procedure;
                     (B)  found incompetent to stand trial under
  Subchapter C, Chapter 46B, Code of Criminal Procedure;
                     (C)  committed to court-ordered mental health
  services under Subchapter E, Chapter 46B, Code of Criminal
  Procedure; [or]
                     (D)  found not guilty by reason of insanity under
  Chapter 46C, Code of Criminal Procedure;
                     (E)  examined on the issue of fitness to proceed
  with juvenile court proceedings by an expert appointed under
  Chapter 51, Family Code; or
                     (F)  found unfit to proceed under Subchapter C,
  Chapter 55, Family Code.
               (2)  "Forensic services" means a competency
  examination, competency restoration services, or mental health or
  intellectual disability services provided to a current or former
  forensic patient in the community or at a department facility.
         SECTION 24.  The heading to Section 614.0032, Health and
  Safety Code, is amended to read as follows:
         Sec. 614.0032.  SPECIAL DUTIES RELATED TO MEDICALLY
  RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS
  OR INTELLECTUAL DISABILITY [COMPETENCY OR FITNESS TO PROCEED].
         SECTION 25.  Section 614.0032, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The office shall approve and make generally available in
  electronic format a standard form for use by a person providing a
  written report under Article 16.22(a)(1)(B), Code of Criminal
  Procedure.
         SECTION 26.  (a)  The changes in law made by this Act to
  Articles 16.22 and 17.032, Code of Criminal Procedure, and to
  Section 8(c), Article 42.09, Code of Criminal Procedure, apply only
  to a defendant charged with an offense committed on or after the
  effective date of this Act. A defendant charged with an offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         (b)  The changes in law made by this Act to Section 8(a),
  Article 42.09, Code of Criminal Procedure, and to Chapters 46B and
  46C, Code of Criminal Procedure, apply only to a proceeding that
  begins on or after the effective date of this Act, regardless of
  when the defendant committed the underlying offense for which the
  defendant became subject to the proceeding. A proceeding that
  begins before the effective date of this Act is governed by the law
  in effect on the date the proceeding began, and the former law is
  continued in effect for that purpose.
         SECTION 27.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 28.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 601 was passed by the House on April
  10, 2019, by the following vote:  Yeas 146, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 601 on May 23, 2019, by the following vote:  Yeas 141, Nays 1, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 601 was passed by the Senate, with
  amendments, on May 19, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback