Texas 2025 - 89th Regular

Texas House Bill HB1741

Filed
1/6/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain proceedings and the provision of treatment and supervision following certain adjudications occurring in a criminal case.

Impact

The proposed changes aim to enhance the accessibility of mental health resources for individuals who have been acquitted due to reasons of insanity. The bill amends Article 46C.264 and establishes a framework for courts to transfer jurisdiction, ensuring that the accused can receive necessary outpatient or community-based treatment. This would positively impact public health policies, allowing acquitted individuals to receive care tailored to their specific needs in environments where they have local support systems, such as family or professionals from mental health authorities.

Summary

House Bill 1741 pertains to the provision of outpatient or community-based treatment and supervision following adjudications of acquitted individuals in criminal cases. The bill seeks to amend existing provisions in the Texas Code of Criminal Procedure, specifically addressing situations in which an acquitted person is to receive treatment in a county different from where the committing court is located. By introducing Article 46C.2645, HB1741 lays out necessary procedures for transferring jurisdiction over the acquitted individual to ensure appropriate treatment is rendered in the suitable county based on available resources.

Sentiment

The sentiment surrounding HB 1741 appears to be largely supportive among mental health advocates and some lawmakers who recognize the importance of addressing the treatment needs of individuals acquitted of crimes. By facilitating their access to adequate mental health care, the bill is viewed as a step forward in ensuring that these individuals are not disproportionately affected by a lack of resources. However, there may also be pockets of contention regarding budget allocations for these programs and ensuring that they are sufficient to meet the anticipated demand.

Contention

One notable point of contention may arise from concerns about ensuring adequate resources are available in the receiving counties to support these individuals post-acquittal. The requirement for the local authorities to be notified and to have capacity may bring up issues regarding inter-county collaboration and administrative burdens. The bill's ability to address such logistical challenges will be critical in its implementation and effectiveness in helping those acquitted receive the necessary supervision and treatment in a timely manner.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2758

Identical Relating to certain proceedings and supervision following certain adjudications occurring in a criminal case.

Similar Bills

TX HB3774

Relating to the insanity defense and persons found not guilty by reason of insanity in a criminal case.

TX HB4594

Relating to the punishment for certain possession offenses under the Texas Controlled Substances Act; changing eligibility for and conditions of community supervision.

TX SB1076

Relating to community supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.

TX SB1623

Relating to certain persons who are acquitted by reason of insanity in a criminal case and who are dangerous to the person's self.

TX SB1665

Relating to post-commitment treatment and supervision of persons with mental illness who are manifestly dangerous.

TX SB2758

Relating to certain proceedings and supervision following certain adjudications occurring in a criminal case.

TX SB1118

Relating to community supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.

TX SB82

Relating to community supervision for certain drug possession offenses.