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