bill requiring police reports on mental health arrests

The text as introduced · 1,373 words

89R4544 EAS-F

By: Jones of Harris
H.B. No. 1455

A BILL TO BE ENTITLED

AN ACT

relating to the collection and reporting of information regarding

mental health jail diversion.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 2B, Code of Criminal

Procedure, is amended by adding Article 2B.00541 to read as

follows:

Art. 2B.00541. REPORTS REQUIRED FOR INDIVIDUALS WITH

SUSPECTED MENTAL ILLNESS OR INTELLECTUAL DISABILITY. (a) A peace

officer who arrests an individual who the peace officer has

reasonable cause to believe is an individual with mental illness or

an intellectual disability or detains the individual in accordance

with Subchapter A, Chapter 573, Health and Safety Code, shall

report to the officer's law enforcement agency the following

information:

(1) a description of the individual's behavior that

led the peace officer to reasonably believe the individual is an

individual with mental illness or an intellectual disability,

including:

(A) behavioral indications of mental illness or

intellectual disability;

(B) verbal indications of distress by the

individual or a bystander;

(C) physical injuries incurred before or during

the arrest; and

(D) any medical treatment provided during the

arrest;

(2) the initial reason for the individual's arrest;

(3) whether the officer conducted a search and whether

the individual consented to the search;

(4) any contraband or other evidence discovered in the

course of the officer's search and a description of the contraband

or evidence;

(5) the reason for the officer's search, including

whether:

(A) any contraband or other evidence was in plain

view;

(B) any probable cause or reasonable suspicion

existed to perform the search; or

(C) the search was performed as a result of:

(i) the towing of the motor vehicle; or

(ii) the arrest of any individual in the

motor vehicle;

(6) whether the law enforcement agency made a good

faith effort to divert an individual suffering a mental health

crisis or suffering from the effects of substance abuse to a proper

treatment center, as described by Article 16.23;

(7) whether the officer used restraint against the

individual; and

(8) whether the officer used physical force during the

stop resulting in bodily injury, as that term is defined by Section

1.07, Penal Code.

(b) The arresting officer shall provide the report

described by Subsection (a) to the sheriff or municipal jailer at

the time the defendant is transferred into the custody of the

sheriff or jailer.

(c) The chief administrator of a law enforcement agency,

regardless of whether the administrator is elected, employed, or

appointed, is responsible for auditing reports under Subsection (a)

to ensure the agency complies with this article by reporting all the

required information.

SECTION 2. Articles 2B.0055(a) and (c), Code of Criminal

Procedure, are amended to read as follows:

(a) A law enforcement agency shall compile and analyze the

information contained in each report received by the agency under

Articles [ Article ] 2B.0054 and 2B.00541 .

(c) A report required under Subsection (b) must be submitted

by the chief administrator of the law enforcement agency,

regardless of whether the administrator is elected, employed, or

appointed. The report must include:

(1) a comparative analysis of the information compiled

under Article 2B.0054 to:

(A) evaluate and compare the number of motor

vehicle stops, within the applicable jurisdiction, of:

(i) individuals recognized as members of

racial or ethnic minority groups; and

(ii) individuals not recognized as members

of racial or ethnic minority groups;

(B) examine the disposition of motor vehicle

stops made by officers employed by the agency, categorized

according to the race or ethnicity of the individuals affected, as

appropriate, including any searches resulting from stops within the

applicable jurisdiction; and

(C) evaluate and compare the number of searches

resulting from motor vehicle stops within the applicable

jurisdiction and whether contraband or other evidence was

discovered during those searches; [ and ]

(2) a comparative analysis of the information compiled

under Article 2B.00541 to:

(A) examine the initial reason a peace officer

arrested an individual who the officer had reasonable cause to

believe is an individual with mental illness or an intellectual

disability;

(B) examine discrepancies between successful and

unsuccessful attempted diversions of individuals with mental

illness or an intellectual disability from criminal justice

involvement; and

(C) evaluate the peace officer's use of

restraints and force against individuals who the officer has

reasonable cause to believe are individuals with mental illness or

an intellectual disability; and

(3) information relating to each complaint filed with

the agency alleging that a peace officer employed by the agency has

engaged in racial profiling.

SECTION 3. Section 511.0101(a), Government Code, is amended

to read as follows:

(a) Each county shall submit to the commission on or before

the fifth day of each month a report containing the following

information:

(1) the number of prisoners confined in the county

jail on the first day of the month, classified on the basis of the

following categories:

(A) total prisoners;

(B) pretrial Class C misdemeanor offenders;

(C) pretrial Class A and B misdemeanor offenders;

(D) convicted misdemeanor offenders;

(E) felony offenders whose penalty has been

reduced to a misdemeanor;

(F) pretrial felony offenders;

(G) convicted felony offenders;

(H) prisoners detained on bench warrants;

(I) prisoners detained for parole violations;

(J) prisoners detained for federal officers;

(K) prisoners awaiting transfer to the

institutional division of the Texas Department of Criminal Justice

following conviction of a felony or revocation of probation,

parole, or release on mandatory supervision and for whom paperwork

and processing required for transfer have been completed;

(L) prisoners detained after having been

transferred from another jail and for whom the commission has made a

payment under Subchapter F, Chapter 499, Government Code;

(M) prisoners for whom an immigration detainer

has been issued by United States Immigration and Customs

Enforcement;

(N) female prisoners; and

(O) other prisoners;

(2) the total capacity of the county jail on the first

day of the month;

(3) the total number of prisoners who were confined in

the county jail during the preceding month, based on a count

conducted on each day of that month, who were known or had been

determined to be pregnant;

(4) the total cost to the county during the preceding

month of housing prisoners described by Subdivision (1)(M),

calculated based on the average daily cost of housing a prisoner in

the county jail; [ and ]

(5) information on prisoners in the county jail who

the sheriff has reasonable cause to believe are individuals with

mental illness or an intellectual disability, including:

(A) the number of mental health or intellectual

and developmental disability screenings completed in the jail;

(B) the number of notifications a sheriff or

municipal jailer provided to a magistrate, as required by Article

16.22(a)(1), Code of Criminal Procedure;

(C) the number of mental health or intellectual

and developmental disability interviews conducted, as required by

Article 16.22(a)(1), Code of Criminal Procedure;

(D) the locations of the interviews described by

Paragraph (C);

(E) whether the interviews described by

Paragraph (C) were conducted in person in the jail, by telephone,

through a telemedicine medical service or telehealth service, or

through any other method; and

(F) the outcomes of the interviews described by

Paragraph (C); and

(6) certification by the reporting official that the

information in the report is accurate.

SECTION 4. Section 1701.164, Occupations Code, is amended

to read as follows:

Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA

SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall

collect and maintain incident-based data submitted to the

commission under Article 2B.0055, Code of Criminal Procedure,

including incident-based data compiled by a law enforcement agency

from reports received by the law enforcement agency under Articles

[ Article ] 2B.0054 and 2B.00541 of that code. The commission in

consultation with the Department of Public Safety, the Bill

Blackwood Law Enforcement Management Institute of Texas, the W. W.

Caruth, Jr., Police Institute at Dallas, and the Texas Police

Chiefs Association shall develop guidelines for submitting in a

standard format the report containing incident-based data as

required by Article 2B.0055, Code of Criminal Procedure.

SECTION 5. A county shall submit the first report required

by Section 511.0101, Government Code, as amended by this Act, not

later than October 5, 2025.

SECTION 6. This Act takes effect September 1, 2025.