S.B. No. 2479

	AN ACT
	relating to procedures regarding certain 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.  Articles 16.22(a), (b-2), and (d), Code of
	Criminal Procedure, are 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 of
	an interview described by Paragraph (A) and the other information
	collected under that paragraph on the form approved by the Texas
	Correctional Office on Offenders with Medical or Mental Impairments
	under Section 614.0032(c), 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:
	(A)  is no longer in custody;
	(B)  [or 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); or
	(C)  was only arrested or charged with an offense
	punishable as a Class C misdemeanor.
	(3)  A court that elects to use the results of a [that
	previous] determination described by Subdivision (2)(B) may
	proceed under Subsection (c).
	(4) [(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.
	(b-2)  The written report 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)  subject to Article 46B.002, 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.
	(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)  subject to Article 46B.002, ordering an
	examination regarding the defendant's competency to stand trial.
	SECTION 2.  Article 17.03(b-2), Code of Criminal Procedure,
	is amended to read as follows:
	(b-2)  Except as provided by Articles 15.21, 17.032, 17.033,
	and 17.151, a defendant may not be released on personal bond if the
	defendant:
	(1)  is charged with an offense involving violence; or
	(2)  while released on bail or community supervision
	for an offense involving violence, is charged with committing:
	(A)  any offense punishable as a felony; or
	(B)  an offense under the following provisions of
	the Penal Code:
	(i)  Section 22.01(a)(1) (assault);
	(ii)  Section 22.05 (deadly conduct);
	(iii)  Section 22.07 (terroristic threat);
	or
	(iv)  Section 42.01(a)(7) or (8) (disorderly
	conduct involving firearm).
	SECTION 3.  Section 573.012, Health and Safety Code, is
	amended by adding Subsection (d-1) and amending Subsection (h) to
	read as follows:
	(d-1)  A peace officer who transports an apprehended person
	to a facility in accordance with this section:
	(1)  is not required to remain at the facility while the
	person is medically screened or treated or while the person's
	insurance coverage is verified; and
	(2)  may leave the facility immediately after:
	(A)  the person is taken into custody by
	appropriate facility staff; and
	(B)  the peace officer provides to the facility
	the required documentation.
	(h)  A judge or magistrate may permit an applicant who is a
	physician or a licensed mental health professional employed by a
	local mental health authority to present an application by:
	(1)  e-mail with the application attached as a secure
	document in a portable document format (PDF); or
	(2)  secure electronic means, including:
	(A)  satellite transmission;
	(B)  closed-circuit television transmission; or
	(C)  any other method of two-way electronic
	communication that:
	(i)  is secure;
	(ii)  is available to the judge or
	magistrate; and
	(iii)  provides for a simultaneous,
	compressed full-motion video and interactive communication of
	image and sound between the judge or magistrate and the applicant.
	SECTION 4.  Section 574.106, Health and Safety Code, is
	amended by adding Subsection (m) to read as follows:
	(m)  An order issued under this section authorizes the taking
	of a patient's blood sample to conduct reasonable and medically
	necessary evaluations and laboratory tests to safely administer a
	psychoactive medication authorized by the order.
	SECTION 5.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 2479 passed the Senate on
	May 3, 2023, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 2479 passed the House on
	May 24, 2023, by the following vote:  Yeas 111, Nays 27,
	one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor