88R2905 EAS-F
By: A. Johnson of Harris H.B. No. 2972
A BILL TO BE ENTITLED
AN ACT
relating to persons who are acquitted by reason of insanity in a
criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46C.264, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Court-ordered [The court may order the] outpatient or
community-based treatment and supervision may [to] be provided to
the acquitted person only in a county in which [in any appropriate
county where the] necessary resources are available and in which:
(1) the court is located; or
(2) the acquitted person:
(A) has a significant nexus to the county; and
(B) can be adequately supervised while
maintaining the public safety of the community and the acquitted
person.
(a-1) For purposes of this article, an acquitted person has
a significant nexus to a county if a substantial connection exists
between the acquitted person and the county, including a
substantial connection based on the acquitted person having:
(1) a support network in that county, including family
and friends; and
(2) previously received mental health services from
the local mental health authority in that county in the five-year
period preceding the date of the person's acquittal.
SECTION 2. (a) The Health and Human Services Commission
shall conduct a study on persons who were, during the period
beginning on September 1, 2005, and ending on August 31, 2024:
(1) found not guilty by reason of insanity; and
(2) ordered by the court to participate in outpatient
or community-based treatment and supervision.
(b) Not later than December 1, 2024, the commission shall
prepare and submit to the legislature a written report containing
the results of the study and any recommendations for legislative or
other action. The report must include the following, with regard to
the acquitted persons who, during the applicable period described
by Subsection (a) of this section, are ordered by the court to
participate in outpatient or community-based treatment and
supervision:
(1) a list of each county with regard to which
acquitted persons are ordered to participate in treatment and
supervision;
(2) the number of acquitted persons ordered to
participate in treatment and supervision in:
(A) counties in which the court ordering the
treatment and supervision is located; or
(B) counties other than the county in which the
court ordering the treatment and supervision is located;
(3) the reasons acquitted persons are ordered to
participate in treatment and supervision in a county described by
Subdivision (2)(B) of this subsection;
(4) issues identified by treatment providers and other
stakeholders concerning acquitted persons being ordered to
participate in treatment and supervision in a county described by
Subdivision (2)(B) of this subsection;
(5) information on whether there is sufficient funding
for acquitted persons to participate in all types of outpatient
treatment and supervision in this state; and
(6) a description of outcomes for acquitted persons
participating in all types of outpatient treatment and supervision
in this state.
SECTION 3. (a) The change in law made by this Act in
amending Article 46C.264, Code of Criminal Procedure, applies to
any defendant who is subject to proceedings under Chapter 46C, Code
of Criminal Procedure, before, on, or after the effective date of
this Act.
(b) Notwithstanding Section 5, Chapter 831 (S.B. 837), Acts
of the 79th Legislature, Regular Session, 2005, for a person who
committed any element of the offense before September 1, 2005,
Chapter 46C, Code of Criminal Procedure, as amended by this Act,
governs:
(1) an initial determination of not guilty by reason
of insanity; and
(2) any subsequent proceedings that occur in relation
to a determination of not guilty by reason of insanity made under
Chapter 46C or former Article 46.03, Code of Criminal Procedure, as
applicable, including commitment hearings, recommitment hearings,
and court orders requiring participation in outpatient or
community-based treatment and supervision.
SECTION 4. This Act takes effect September 1, 2023.