2018 Racial Profiling Report 2018 Racial Profiling Report | Page 34

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