Bill Text: TX HB3692 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to peace officer interaction with persons with mental illness and to a person's incompetency to stand trial.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-27 - Committee report sent to Calendars [HB3692 Detail]

Download: Texas-2011-HB3692-Comm_Sub.html

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82R21158 JSC-F
By: Gallego H.B. No. 3692
Substitute the following for H.B. No. 3692:
By: Gallego C.S.H.B. No. 3692

A BILL TO BE ENTITLED
AN ACT
relating to peace officer interaction with persons with mental
illness and to a person's incompetency to stand trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 14, Code of Criminal Procedure, is
amended by adding Article 14.07 to read as follows:
Art. 14.07. EMERGENCY CALLS INVOLVING PERSONS WITH MENTAL
ILLNESS. (a) In this article, "mental illness" has the meaning
assigned by Section 571.003, Health and Safety Code.
(b) A peace officer answering an emergency call shall
attempt to determine whether any person involved in the emergency
call is a person with a mental illness.
(c) If a peace officer reasonably believes that a person
involved in an emergency call is a person with a mental illness and
does not have reason to believe that the person has committed an
offense, the peace officer:
(1) shall notify the local mental health authorities;
(2) may provide appropriate assistance to the person;
and
(3) may take the person into custody under Section
573.001, Health and Safety Code.
(d) If a peace officer reasonably believes that a person
involved in an emergency call is a person with a mental illness and
has probable cause to believe that the person has committed a
misdemeanor offense, the peace officer may:
(1) issue a citation in lieu of arresting the person if
authorized under Article 14.06; or
(2) take the person into custody under Section
573.001, Health and Safety Code.
SECTION 2. Article 46B.004, Code of Criminal Procedure, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A suggestion of incompetency is the threshold
requirement for an informal inquiry under Subsection (c) and may
consist solely of a representation from any source that the
defendant may be incompetent. A further evidentiary showing is not
required to initiate the inquiry, and the court is not required to
have a bona fide doubt about the competency of the defendant.
Evidence suggesting the need for an informal inquiry may be based on
observations made in relation to one or more of the factors
described by Article 46B.024 or on any other indication that the
defendant is incompetent within the meaning of Article 46B.003.
SECTION 3. Section 1701.253(b), Occupations Code, is
amended to read as follows:
(b) In establishing requirements under this section, the
commission shall require courses and programs to provide training
in:
(1) the investigation and documentation of cases that
involve:
(A) child abuse or neglect;
(B) family violence; [and]
(C) sexual assault; and
(D) mental illness;
(2) issues concerning sex offender characteristics;
and
(3) crime victims' rights under Chapter 56, Code of
Criminal Procedure, and Chapter 57, Family Code, and the duty of law
enforcement agencies to ensure that a victim is afforded those
rights.
SECTION 4. (a) Article 14.07, Code of Criminal Procedure,
as added by this Act, applies only to a peace officer response to an
emergency call that occurs on or after the effective date of this
Act. A peace officer response to an emergency call that occurs
before the effective date of this Act is covered by the law in
effect when the emergency call was made, and the former law is
continued in effect for that purpose.
(b) Article 46B.004(c-1), Code of Criminal Procedure, as
added by this Act, applies only to a motion suggesting a defendant's
incompetency to stand trial made on or after the effective date of
this Act. A motion suggesting a defendant's incompetency to stand
trial made before the effective date of this Act is covered by the
law in effect when the motion was made, and the former law is
continued in effect for that purpose.
SECTION 5. The Commission on Law Enforcement Officer
Standards and Education shall modify the training required by
Section 1701.253(b), Occupations Code, as amended by this Act, and
ensure that the modified training is available not later than
January 1, 2012.
SECTION 6. This Act takes effect September 1, 2011.