S.B. No. 1849
AN ACT
relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal
offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more
likely to interact frequently with law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. SHORT TITLE. This Act shall be known as the
Sandra Bland Act, in memory of Sandra Bland.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR
PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL
DISABILITY, OR A SUBSTANCE ABUSE ISSUE
SECTION 2.01. Article 16.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving
credible information that may establish reasonable cause to believe
that a defendant committed to the sheriff's custody has a mental
illness or is a person with an intellectual disability [mental
retardation], including observation of the defendant's behavior
immediately before, during, and after the defendant's arrest and
the results of any previous assessment of the defendant, the
sheriff shall provide written or electronic notice of the
information to the magistrate. 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 [mental
retardation], the magistrate, except as provided by Subdivision
(2), shall order the local mental health or intellectual and
developmental disability [mental retardation] authority or another
qualified mental health or intellectual disability [mental
retardation] expert to:
(A) collect information regarding whether the
defendant has a mental illness as defined by Section 571.003,