| 1 | 1 | | 88R2905 EAS-F |
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| 2 | 2 | | By: A. Johnson of Harris H.B. No. 2972 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to persons who are acquitted by reason of insanity in a |
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| 8 | 8 | | criminal case. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 46C.264, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Court-ordered [The court may order the] outpatient or |
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| 14 | 14 | | community-based treatment and supervision may [to] be provided to |
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| 15 | 15 | | the acquitted person only in a county in which [in any appropriate |
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| 16 | 16 | | county where the] necessary resources are available and in which: |
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| 17 | 17 | | (1) the court is located; or |
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| 18 | 18 | | (2) the acquitted person: |
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| 19 | 19 | | (A) has a significant nexus to the county; and |
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| 20 | 20 | | (B) can be adequately supervised while |
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| 21 | 21 | | maintaining the public safety of the community and the acquitted |
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| 22 | 22 | | person. |
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| 23 | 23 | | (a-1) For purposes of this article, an acquitted person has |
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| 24 | 24 | | a significant nexus to a county if a substantial connection exists |
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| 25 | 25 | | between the acquitted person and the county, including a |
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| 26 | 26 | | substantial connection based on the acquitted person having: |
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| 27 | 27 | | (1) a support network in that county, including family |
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| 28 | 28 | | and friends; and |
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| 29 | 29 | | (2) previously received mental health services from |
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| 30 | 30 | | the local mental health authority in that county in the five-year |
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| 31 | 31 | | period preceding the date of the person's acquittal. |
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| 32 | 32 | | SECTION 2. (a) The Health and Human Services Commission |
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| 33 | 33 | | shall conduct a study on persons who were, during the period |
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| 34 | 34 | | beginning on September 1, 2005, and ending on August 31, 2024: |
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| 35 | 35 | | (1) found not guilty by reason of insanity; and |
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| 36 | 36 | | (2) ordered by the court to participate in outpatient |
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| 37 | 37 | | or community-based treatment and supervision. |
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| 38 | 38 | | (b) Not later than December 1, 2024, the commission shall |
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| 39 | 39 | | prepare and submit to the legislature a written report containing |
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| 40 | 40 | | the results of the study and any recommendations for legislative or |
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| 41 | 41 | | other action. The report must include the following, with regard to |
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| 42 | 42 | | the acquitted persons who, during the applicable period described |
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| 43 | 43 | | by Subsection (a) of this section, are ordered by the court to |
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| 44 | 44 | | participate in outpatient or community-based treatment and |
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| 45 | 45 | | supervision: |
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| 46 | 46 | | (1) a list of each county with regard to which |
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| 47 | 47 | | acquitted persons are ordered to participate in treatment and |
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| 48 | 48 | | supervision; |
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| 49 | 49 | | (2) the number of acquitted persons ordered to |
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| 50 | 50 | | participate in treatment and supervision in: |
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| 51 | 51 | | (A) counties in which the court ordering the |
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| 52 | 52 | | treatment and supervision is located; or |
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| 53 | 53 | | (B) counties other than the county in which the |
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| 54 | 54 | | court ordering the treatment and supervision is located; |
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| 55 | 55 | | (3) the reasons acquitted persons are ordered to |
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| 56 | 56 | | participate in treatment and supervision in a county described by |
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| 57 | 57 | | Subdivision (2)(B) of this subsection; |
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| 58 | 58 | | (4) issues identified by treatment providers and other |
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| 59 | 59 | | stakeholders concerning acquitted persons being ordered to |
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| 60 | 60 | | participate in treatment and supervision in a county described by |
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| 61 | 61 | | Subdivision (2)(B) of this subsection; |
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| 62 | 62 | | (5) information on whether there is sufficient funding |
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| 63 | 63 | | for acquitted persons to participate in all types of outpatient |
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| 64 | 64 | | treatment and supervision in this state; and |
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| 65 | 65 | | (6) a description of outcomes for acquitted persons |
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| 66 | 66 | | participating in all types of outpatient treatment and supervision |
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| 67 | 67 | | in this state. |
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| 68 | 68 | | SECTION 3. (a) The change in law made by this Act in |
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| 69 | 69 | | amending Article 46C.264, Code of Criminal Procedure, applies to |
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| 70 | 70 | | any defendant who is subject to proceedings under Chapter 46C, Code |
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| 71 | 71 | | of Criminal Procedure, before, on, or after the effective date of |
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| 72 | 72 | | this Act. |
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| 73 | 73 | | (b) Notwithstanding Section 5, Chapter 831 (S.B. 837), Acts |
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| 74 | 74 | | of the 79th Legislature, Regular Session, 2005, for a person who |
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| 75 | 75 | | committed any element of the offense before September 1, 2005, |
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| 76 | 76 | | Chapter 46C, Code of Criminal Procedure, as amended by this Act, |
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| 77 | 77 | | governs: |
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| 78 | 78 | | (1) an initial determination of not guilty by reason |
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| 79 | 79 | | of insanity; and |
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| 80 | 80 | | (2) any subsequent proceedings that occur in relation |
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| 81 | 81 | | to a determination of not guilty by reason of insanity made under |
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| 82 | 82 | | Chapter 46C or former Article 46.03, Code of Criminal Procedure, as |
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| 83 | 83 | | applicable, including commitment hearings, recommitment hearings, |
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| 84 | 84 | | and court orders requiring participation in outpatient or |
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| 85 | 85 | | community-based treatment and supervision. |
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| 86 | 86 | | SECTION 4. This Act takes effect September 1, 2023. |
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