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  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