89R8941 EAS-F
By: Johnson H.B. No. 1741
A BILL TO BE ENTITLED
AN ACT
relating to certain proceedings and supervision following certain
adjudications occurring in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46C.264(a), Code of Criminal Procedure,
is amended 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 person was acquitted; or
(2) the court receiving jurisdiction over the person
under Article 46C.2645 is located.
SECTION 2. Subchapter F, Chapter 46C, Code of Criminal
Procedure, is amended by adding Article 46C.2645 to read as
follows:
Art. 46C.2645. TRANSFER OF JURISDICTION OVER ACQUITTED
PERSON RECEIVING COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED
TREATMENT AND SUPERVISION. (a) This article applies only with
respect to an acquitted person for whom outpatient or
community-based treatment and supervision are sought to be provided
in a county other than the county in which the committing court is
located.
(b) Either party may file a motion to transfer, to a county
other than the county in which the committing court is located,
jurisdiction over an acquitted person who has been ordered to
receive outpatient or community-based treatment and supervision.
The motion must be filed in the county to which the transfer is
sought and in a court with jurisdiction over the category of offense
of which the person was acquitted and must include:
(1) a description of the alternative placements in the
county of the committing court, as considered by the parties, and
why the placements are unsuitable;
(2) a statement that the local mental health authority
in the proposed county has been notified;
(3) the factors that create the nexus, as described by
Subsection (c)(4), between the acquitted person and the proposed
county; and
(4) any other factors that support the transfer.
(c) Not later than the 45th day after the date a motion
described by Subsection (b) is filed, the court shall conduct a
hearing on the motion. The court shall consider the following
factors in determining whether to accept jurisdiction over the
acquitted person:
(1) whether sufficient resources are available to
provide outpatient or community-based treatment and supervision in
the proposed county;
(2) whether the acquitted person can be adequately
supervised in the proposed county while maintaining the safety of
the community and the acquitted person;
(3) whether the local mental health authority in the
proposed county has agreed to provide the outpatient or
community-based treatment and supervision;
(4) whether there is a nexus between the acquitted
person and the proposed county that would add stability and support
for the person, including the acquitted person having:
(A) an active support network in that county,
including family and friends; and
(B) previously received mental health services
from the local mental health authority in the proposed county at any
time during the five-year period preceding the date of the person's
acquittal;
(5) the acquitted person's proposed outpatient or
community-based treatment plan; and
(6) other factors that the court considers relevant.
(d) After the court makes a determination that accepting
jurisdiction over the acquitted person is appropriate, the
committing court shall transfer the case to that court.
(e) After the case is transferred, the acquitted person's
discharge planning shall be completed by the court accepting
jurisdiction and the applicable local mental health authority and
state hospital serving the county in which that court is located.
SECTION 3. (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, 2026:
(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, 2026, 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 4. (a) The changes in law made by this Act in
amending Article 46C.264(a), Code of Criminal Procedure, and adding
Article 46C.2645, Code of Criminal Procedure, apply 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 5. This Act takes effect September 1, 2025.