89R17187 EAS-F
By: Johnson, Cunningham, Moody, Orr, Guillen H.B. No. 1741
A BILL TO BE ENTITLED
AN ACT
relating to certain proceedings and the provision of treatment 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 in any appropriate county where the necessary
resources are available, except that if the court-ordered
outpatient or community-based treatment and supervision is to be
provided in a county other than the county in which the committing
court is located, the jurisdiction over the acquitted person must
be transferred in accordance with Article 46C.2645.
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 FOR PURPOSES OF OUTPATIENT OR COMMUNITY-BASED TREATMENT AND
SUPERVISION. (a) In this article, "local intellectual and
developmental disability authority" and "local mental health
authority" have the meanings assigned by Section 531.002, Health
and Safety Code.
(b) This article applies only with respect to an acquitted
person for whom outpatient or community-based treatment and
supervision is sought to be provided in a county other than the
county in which the committing court is located.
(c) 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:
(1) has been ordered to receive outpatient or
community-based treatment and supervision; or
(2) has previously been ordered to receive inpatient
treatment and is seeking to modify that order for the purpose of
receiving outpatient or community-based treatment and supervision.
(d) A motion under Subsection (c) 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 statement that the local mental health authority
or the local intellectual and developmental disability authority in
the proposed county has been notified;
(2) for an acquitted person described by Subsection
(c)(2), a statement that the person's treatment and supervision can
be safely and effectively provided as outpatient or community-based
treatment and supervision;
(3) the factors that create a nexus, as described by
Subsection (e)(2), between the acquitted person and the proposed
county; and
(4) any other factors that support the transfer and
any modification to an existing order for inpatient treatment, as
applicable.
(e) Not later than the 21st day after the date a motion
described by Subsection (c) is filed, the court in which the motion
is filed shall conduct a hearing on the motion. The court shall
accept jurisdiction over the acquitted person if the court, after
the hearing, determines that:
(1) the acquitted person can be safely and effectively
provided treatment and supervision as outpatient or
community-based treatment and supervision, for an acquitted person
described by Subsection (c)(2); and
(2) the acquitted person has a nexus with the proposed
county, as demonstrated by:
(A) a support network for the acquitted person in
that county, including family and friends;
(B) the acquitted person having previously
received mental health services from the local mental health
authority or intellectual and developmental disability services
from the local intellectual and developmental disability authority
in the proposed county at any time during the five-year period
preceding the date of the person's acquittal; or
(C) other factors that the court considers
relevant.
(f) Once a court accepts jurisdiction over the acquitted
person as described by Subsection (e), the committing court shall
transfer the case to the receiving court.
SECTION 3. (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 4. This Act takes effect September 1, 2025.