Texas 2025 - 89th Regular

Texas House Bill HB1741 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R17187 EAS-F
2		-	By: Johnson~~, Cunningham, Moody, Orr, Guillen~~ H.B. No. 1741
3		-
4		-
	2	+	By: Johnson H.B. No. 1741
	3	+	Substitute the following for H.B. No. 1741:
	4	+	By: VanDeaver C.S.H.B. No. 1741
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to certain proceedings and the provision of treatment and
10	10		supervision following certain adjudications occurring in a
11	11		criminal case.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13		SECTION 1. Article 46C.264(a), Code of Criminal Procedure,
14	14		is amended to read as follows:
15	15		(a) Court-ordered [The court may order the] outpatient or
16	16		community-based treatment and supervision may [to] be provided to
17	17		the acquitted person in any appropriate county where the necessary
18	18		resources are available, except that if the court-ordered
19	19		outpatient or community-based treatment and supervision is to be
20	20		provided in a county other than the county in which the committing
21	21		court is located, the jurisdiction over the acquitted person must
22	22		be transferred in accordance with Article 46C.2645.
23	23		SECTION 2. Subchapter F, Chapter 46C, Code of Criminal
24	24		Procedure, is amended by adding Article 46C.2645 to read as
25	25		follows:
26	26		Art. 46C.2645. TRANSFER OF JURISDICTION OVER ACQUITTED
27	27		PERSON FOR PURPOSES OF OUTPATIENT OR COMMUNITY-BASED TREATMENT AND
28	28		SUPERVISION. (a) In this article, "local intellectual and
29	29		developmental disability authority" and "local mental health
30	30		authority" have the meanings assigned by Section 531.002, Health
31	31		and Safety Code.
32	32		(b) This article applies only with respect to an acquitted
33	33		person for whom outpatient or community-based treatment and
34	34		supervision is sought to be provided in a county other than the
35	35		county in which the committing court is located.
36	36		(c) Either party may file a motion to transfer, to a county
37	37		other than the county in which the committing court is located,
38	38		jurisdiction over an acquitted person who:
39	39		(1) has been ordered to receive outpatient or
40	40		community-based treatment and supervision; or
41	41		(2) has previously been ordered to receive inpatient
42	42		treatment and is seeking to modify that order for the purpose of
43	43		receiving outpatient or community-based treatment and supervision.
44	44		(d) A motion under Subsection (c) must be filed in the
45	45		county to which the transfer is sought and in a court with
46	46		jurisdiction over the category of offense of which the person was
47	47		acquitted and must include:
48	48		(1) a statement that the local mental health authority
49	49		or the local intellectual and developmental disability authority in
50	50		the proposed county has been notified;
51	51		(2) for an acquitted person described by Subsection
52	52		(c)(2), a statement that the person's treatment and supervision can
53	53		be safely and effectively provided as outpatient or community-based
54	54		treatment and supervision;
55	55		(3) the factors that create a nexus, as described by
56	56		Subsection (e)(2), between the acquitted person and the proposed
57	57		county; and
58	58		(4) any other factors that support the transfer and
59	59		any modification to an existing order for inpatient treatment, as
60	60		applicable.
61	61		(e) Not later than the 21st day after the date a motion
62	62		described by Subsection (c) is filed, the court in which the motion
63	63		is filed shall conduct a hearing on the motion. The court shall
64	64		accept jurisdiction over the acquitted person if the court, after
65	65		the hearing, determines that:
66	66		(1) the acquitted person can be safely and effectively
67	67		provided treatment and supervision as outpatient or
68	68		community-based treatment and supervision, for an acquitted person
69	69		described by Subsection (c)(2); and
70	70		(2) the acquitted person has a nexus with the proposed
71	71		county, as demonstrated by:
72	72		(A) a support network for the acquitted person in
73	73		that county, including family and friends;
74	74		(B) the acquitted person having previously
75	75		received mental health services from the local mental health
76	76		authority or intellectual and developmental disability services
77	77		from the local intellectual and developmental disability authority
78	78		in the proposed county at any time during the five-year period
79	79		preceding the date of the person's acquittal; or
80	80		(C) other factors that the court considers
81	81		relevant.
82	82		(f) Once a court accepts jurisdiction over the acquitted
83	83		person as described by Subsection (e), the committing court shall
84	84		transfer the case to the receiving court.
85	85		SECTION 3. (a) The changes in law made by this Act in
86	86		amending Article 46C.264(a), Code of Criminal Procedure, and adding
87	87		Article 46C.2645, Code of Criminal Procedure, apply to any
88	88		defendant who is subject to proceedings under Chapter 46C, Code of
89	89		Criminal Procedure, before, on, or after the effective date of this
90	90		Act.
91	91		(b) Notwithstanding Section 5, Chapter 831 (S.B. 837), Acts
92	92		of the 79th Legislature, Regular Session, 2005, for a person who
93	93		committed any element of the offense before September 1, 2005,
94	94		Chapter 46C, Code of Criminal Procedure, as amended by this Act,
95	95		governs:
96	96		(1) an initial determination of not guilty by reason
97	97		of insanity; and
98	98		(2) any subsequent proceedings that occur in relation
99	99		to a determination of not guilty by reason of insanity made under
100	100		Chapter 46C or former Article 46.03, Code of Criminal Procedure, as
101	101		applicable, including commitment hearings, recommitment hearings,
102	102		and court orders requiring participation in outpatient or
103	103		community-based treatment and supervision.
104	104		SECTION 4. This Act takes effect September 1, 2025.