By: Zaffirini S.B. No. 49     A BILL TO BE ENTITLED   AN ACT   relating to procedures regarding defendants 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.  Article 16.22(a)(2), Code of Criminal Procedure,   is amended to read as follows:                (2)  The magistrate is not required to order the   interview and collection of other information under Subdivision (1)   if the defendant is no longer in custody 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).  A court that elects to use the   results of that previous determination may proceed under Subsection   (c).          SECTION 2.  Article 16.22, Code of Criminal Procedure, is   amended by amending Subsection (b-1) and adding Subsection (b-2) to   read as follows:          (b-1)  The magistrate shall provide copies of the written   report to:                (1)  the defense counsel;                (2)  [,] the attorney representing the state;                (3)  [, and] the trial court;                (4)  the sheriff or other person responsible for the   defendant's medical records while the defendant is confined in   county jail; and                (5)  as applicable:                      (A)  any personal bond office established under   Article 17.42 for the county in which the defendant is being   confined; or                      (B)  the director of the office or department that   is responsible for supervising the defendant while the defendant is   released on bail and receiving mental health or intellectual and   developmental disability services as a condition of bail.          (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)  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.          SECTION 3.  The change in law made by this Act applies only   to a person who is arrested on or after the effective date of this   Act. A person arrested before the effective date of this Act is   governed by the law in effect on the date the person was arrested,   and the former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2021.