Bill Text: TX SB562 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to criminal or juvenile procedures regarding persons who are or may be persons with a mental illness or intellectual disability and the operation and effects of successful completion of a mental health court program.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2019-06-14 - Effective immediately [SB562 Detail]
Download: Texas-2019-SB562-Comm_Sub.html
Bill Title: Relating to criminal or juvenile procedures regarding persons who are or may be persons with a mental illness or intellectual disability and the operation and effects of successful completion of a mental health court program.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2019-06-14 - Effective immediately [SB562 Detail]
Download: Texas-2019-SB562-Comm_Sub.html
By: Zaffirini | S.B. No. 562 | |
(In the Senate - Filed January 31, 2019; February 21, 2019, | ||
read first time and referred to Committee on Criminal Justice; | ||
April 23, 2019, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 0; April 23, 2019, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 562 | By: Perry |
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relating to criminal or juvenile procedures regarding persons who | ||
are or may be persons with a mental illness or intellectual | ||
disability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8(a), Article 42.09, Code of Criminal | ||
Procedure, is 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; [ |
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(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. | ||
SECTION 2. 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) [ |
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significantly subaverage general intellectual functioning that is | ||
concurrent with deficits in adaptive behavior and originates during | ||
the developmental period [ |
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(9) [ |
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meaning assigned by Section 571.003, Health and Safety Code. | ||
(10) [ |
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disability authority" has the meaning assigned by Section 531.002, | ||
Health and Safety Code. | ||
(11) [ |
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assigned by Section 571.003, Health and Safety Code. | ||
(12) [ |
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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 [ |
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(13) [ |
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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. | ||
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SECTION 3. 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)[ |
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affirmative finding under Article 42A.054(c) or (d), the court | ||
shall enter an order committing the defendant for competency | ||
restoration services to a [ |
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facility designated by the commission [ |
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SECTION 4. 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 nonsecure facility designated by the | ||
commission. | ||
SECTION 5. 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 | ||
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commission [ |
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(1) the defendant is charged with an offense listed in | ||
Article 17.032(a)[ |
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(2) the indictment charging the offense alleges an | ||
affirmative finding under Article 42A.054(c) or (d). | ||
SECTION 6. 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 [ |
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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 [ |
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whether the defendant is manifestly dangerous. | ||
SECTION 7. 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 | ||
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(2) an outpatient treatment program. | ||
SECTION 8. 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 [ |
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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) [ |
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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 9. 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 [ |
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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 10. 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 [ |
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(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission | ||
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SECTION 11. 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 | ||
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(b) If a defendant who has been ordered to a facility | ||
operated by the commission [ |
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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 [ |
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consent of the head of that facility. | ||
SECTION 12. 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 [ |
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under this subchapter for expenses incurred that are determined by | ||
the commission [ |
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incidental to the proper examination of the defendant. | ||
SECTION 13. 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 [ |
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consent of the head of the facility. | ||
SECTION 14. 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 [ |
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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 15. 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 [ |
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designated by the commission [ |
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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[ |
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(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 16. Article 46C.260, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46C.260. TRANSFER OF COMMITTED PERSON TO NON-MAXIMUM | ||
SECURITY [ |
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facility under this subchapter shall be committed to a [ |
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(b) A person committed under this subchapter shall be | ||
transferred to the designated facility [ |
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immediately on the entry of the order of commitment. | ||
(c) Unless a [ |
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unit by the commission is determined to be manifestly dangerous by a | ||
review board under this article [ |
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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 [ |
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the commission [ |
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(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 17. 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; [ |
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(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 18. This Act applies only to a proceeding under the | ||
Code of Criminal Procedure 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 19. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2019. | ||
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