otherwise if the : ( 1 ) defendant is not charged with and has not been previously convicted of a violent offense ;
( 2 ) defendant is examined by the local mental health or intellectual and developmental disability [ mental retardation ] authority or another mental health expert under Article 16.22 [ of this code ];
( 3 ) applicable expert , in a written assessment submitted to the magistrate under Article
16.22 : ( A ) concludes that the defendant has a mental illness or is a person with an intellectual disability [ mental retardation ] and is nonetheless competent to stand trial ; and ( B ) recommends mental health treatment or intellectual disability treatment for the defendant , as applicable ; and
( 4 ) magistrate determines , in consultation with the local mental health or intellectual and developmental disability [ mental retardation ] authority , that appropriate community-based mental health or intellectual disability [ mental retardation ] services for the defendant are available through the [ Texas ] Department of State [ Mental ] Health Services [ and Mental Retardation ] under Section 534.053 , Health and Safety Code , or through another mental health or intellectual disability [ mental retardation ] services provider .
( c ) The magistrate , unless good cause is shown for not requiring treatment , shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or intellectual disability [ mental retardation ] treatment as recommended by the local mental health or intellectual and developmental disability [ mental retardation ] authority if the defendant ' s : ( 1 ) mental illness or intellectual disability [ mental retardation ] is chronic in nature ; or ( 2 ) ability to function independently will continue to deteriorate if the defendant is not treated .
SECTION 3.03 . Article 25.03 , Code of Criminal Procedure , is amended to read as follows :
Art . 25.03 . IF ON BAIL IN FELONY . When the accused , in case of felony , is on bail at the time the indictment is presented , [ it is not necessary to serve him with a copy , but ] the clerk shall [ on request ] deliver a copy of the indictment [ same ] to the accused or the accused ' s [ his ] counsel [,] at the earliest possible time .
SECTION 3.04 . Article 25.04 , Code of Criminal Procedure , is amended to read as follows :
Art . 25.04 . IN MISDEMEANOR . In misdemeanors , the clerk shall deliver a copy of the indictment or information to the accused or the accused ' s counsel at the earliest possible time before trial [ it shall not be necessary before trial to furnish the accused with a copy of the indictment or information ; but he or his counsel may demand a copy , which shall be given as early as possible
SECTION 3.05 . Section 511.009 ( a ), Government Code , as amended by Chapters 281 ( H . B . 875 ), 648 ( H . B . 549 ), and 688 ( H . B . 634 ), Acts of the 84th Legislature , Regular Session , 2015 , is reenacted and amended to read as follows :
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