Texas 2025 - 89th Regular

Texas Senate Bill SB2758 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8941 EAS-F
2	2	By: Cook S.B. No. 2758
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain proceedings and supervision following certain
10	10	adjudications occurring in a criminal case.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 46C.264(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) Court-ordered [The court may order the] outpatient or
15	15	community-based treatment and supervision may [to] be provided to
16	16	the acquitted person only in a county in which [in any appropriate
17	17	county where the] necessary resources are available and in which:
18	18	(1) the person was acquitted; or
19	19	(2) the court receiving jurisdiction over the person
20	20	under Article 46C.2645 is located.
21	21	SECTION 2. Subchapter F, Chapter 46C, Code of Criminal
22	22	Procedure, is amended by adding Article 46C.2645 to read as
23	23	follows:
24	24	Art. 46C.2645. TRANSFER OF JURISDICTION OVER ACQUITTED
25	25	PERSON RECEIVING COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED
26	26	TREATMENT AND SUPERVISION. (a) This article applies only with
27	27	respect to an acquitted person for whom outpatient or
28	28	community-based treatment and supervision are sought to be provided
29	29	in a county other than the county in which the committing court is
30	30	located.
31	31	(b) Either party may file a motion to transfer, to a county
32	32	other than the county in which the committing court is located,
33	33	jurisdiction over an acquitted person who has been ordered to
34	34	receive outpatient or community-based treatment and supervision.
35	35	The motion must be filed in the county to which the transfer is
36	36	sought and in a court with jurisdiction over the category of offense
37	37	of which the person was acquitted and must include:
38	38	(1) a description of the alternative placements in the
39	39	county of the committing court, as considered by the parties, and
40	40	why the placements are unsuitable;
41	41	(2) a statement that the local mental health authority
42	42	in the proposed county has been notified;
43	43	(3) the factors that create the nexus, as described by
44	44	Subsection (c)(4), between the acquitted person and the proposed
45	45	county; and
46	46	(4) any other factors that support the transfer.
47	47	(c) Not later than the 45th day after the date a motion
48	48	described by Subsection (b) is filed, the court shall conduct a
49	49	hearing on the motion. The court shall consider the following
50	50	factors in determining whether to accept jurisdiction over the
51	51	acquitted person:
52	52	(1) whether sufficient resources are available to
53	53	provide outpatient or community-based treatment and supervision in
54	54	the proposed county;
55	55	(2) whether the acquitted person can be adequately
56	56	supervised in the proposed county while maintaining the safety of
57	57	the community and the acquitted person;
58	58	(3) whether the local mental health authority in the
59	59	proposed county has agreed to provide the outpatient or
60	60	community-based treatment and supervision;
61	61	(4) whether there is a nexus between the acquitted
62	62	person and the proposed county that would add stability and support
63	63	for the person, including the acquitted person having:
64	64	(A) an active support network in that county,
65	65	including family and friends; and
66	66	(B) previously received mental health services
67	67	from the local mental health authority in the proposed county at any
68	68	time during the five-year period preceding the date of the person's
69	69	acquittal;
70	70	(5) the acquitted person's proposed outpatient or
71	71	community-based treatment plan; and
72	72	(6) other factors that the court considers relevant.
73	73	(d) After the court makes a determination that accepting
74	74	jurisdiction over the acquitted person is appropriate, the
75	75	committing court shall transfer the case to that court.
76	76	(e) After the case is transferred, the acquitted person's
77	77	discharge planning shall be completed by the court accepting
78	78	jurisdiction and the applicable local mental health authority and
79	79	state hospital serving the county in which that court is located.
80	80	SECTION 3. (a) The Health and Human Services Commission
81	81	shall conduct a study on persons who were, during the period
82	82	beginning on September 1, 2005, and ending on August 31, 2026:
83	83	(1) found not guilty by reason of insanity; and
84	84	(2) ordered by the court to participate in outpatient
85	85	or community-based treatment and supervision.
86	86	(b) Not later than December 1, 2026, the commission shall
87	87	prepare and submit to the legislature a written report containing
88	88	the results of the study and any recommendations for legislative or
89	89	other action. The report must include the following, with regard to
90	90	the acquitted persons who, during the applicable period described
91	91	by Subsection (a) of this section, are ordered by the court to
92	92	participate in outpatient or community-based treatment and
93	93	supervision:
94	94	(1) a list of each county with regard to which
95	95	acquitted persons are ordered to participate in treatment and
96	96	supervision;
97	97	(2) the number of acquitted persons ordered to
98	98	participate in treatment and supervision in:
99	99	(A) counties in which the court ordering the
100	100	treatment and supervision is located; or
101	101	(B) counties other than the county in which the
102	102	court ordering the treatment and supervision is located;
103	103	(3) the reasons acquitted persons are ordered to
104	104	participate in treatment and supervision in a county described by
105	105	Subdivision (2)(B) of this subsection;
106	106	(4) issues identified by treatment providers and other
107	107	stakeholders concerning acquitted persons being ordered to
108	108	participate in treatment and supervision in a county described by
109	109	Subdivision (2)(B) of this subsection;
110	110	(5) information on whether there is sufficient funding
111	111	for acquitted persons to participate in all types of outpatient
112	112	treatment and supervision in this state; and
113	113	(6) a description of outcomes for acquitted persons
114	114	participating in all types of outpatient treatment and supervision
115	115	in this state.
116	116	SECTION 4. (a) The changes in law made by this Act in
117	117	amending Article 46C.264(a), Code of Criminal Procedure, and adding
118	118	Article 46C.2645, Code of Criminal Procedure, apply to any
119	119	defendant who is subject to proceedings under Chapter 46C, Code of
120	120	Criminal Procedure, before, on, or after the effective date of this
121	121	Act.
122	122	(b) Notwithstanding Section 5, Chapter 831 (S.B. 837), Acts
123	123	of the 79th Legislature, Regular Session, 2005, for a person who
124	124	committed any element of the offense before September 1, 2005,
125	125	Chapter 46C, Code of Criminal Procedure, as amended by this Act,
126	126	governs:
127	127	(1) an initial determination of not guilty by reason
128	128	of insanity; and
129	129	(2) any subsequent proceedings that occur in relation
130	130	to a determination of not guilty by reason of insanity made under
131	131	Chapter 46C or former Article 46.03, Code of Criminal Procedure, as
132	132	applicable, including commitment hearings, recommitment hearings,
133	133	and court orders requiring participation in outpatient or
134	134	community-based treatment and supervision.
135	135	SECTION 5. This Act takes effect September 1, 2025.