In Chambers, Fall 2017

In Chambers | Fall 2017 29 LEGI SLATIVE UPDATE Reprinted from T ex . J ud . C ouncil ,T ex . O ff . of C t A dmin ., 85 th L egislative U pdate (2017). Only select legislation has been included.To see full list of bills passed during 85th Legislative Session, visit: SB 1576 —Effective 9/1/17 (applicability varies by provision). Revises various sec- tions of code to address the commitment of certain sex offenders. As pertains to the courts, requires certain appearances and hearings related to commitment, upon motion by the state attorney, to be conducted by closed-circuit video teleconfer- encing; instructs the court to make and preserve a recording. Prohibits a magistrate from releasing on personal bond an otherwise eligible defendant who, at the time of the commission of the charged offense, was civilly committed as a violent sex of- fender. Expands the scope of certain criminal offenses and enhancements to reach civil commitment facilities and individuals committed to those facilities. Makes it an offense for any person to provide or intend to provide alcohol, controlled sub- stances, dangerous drugs, or deadly weapons to a person in the custody of a civil commitment facility, or to possess a deadly weapon while in a civil commitment facility. See C ode of C rim . P roc . art. 17.03(b-1); H ealth & S afety C ode ch. 841; P enal C ode §§ 22.01(b-1), 22.11(a), 38.11, 46.035(b). SB 1849 —Effective 9/1/17 (compliance deadlines vary). Known as the Sandra Bland Act, requires law enforcement agencies to make a good-faith effort to divert per- sons suffering a mental health crisis or the effects of substance abuse to appropriate treatment centers.3 Requires each county to develop and publicize a plan to effi- ciently use resources to attempt to divert appropriate persons from jails or other detention centers and to develop or expand community collaboratives where pos- sible. Requires various agencies to promulgate rules regarding jailer training, con- finement safety standards, incident investigations, and minimum medical treatment standards for persons in confinement. Requires the sheriff of each county to file a monthly report outlining any serious health or safety incidents. Addresses racial profiling by law enforcement. See, inter alia , C ode of C rim . P roc . art. 16.23; G ov ’ t C ode §§ 511.019-021, 539.002, 539.0051.