Relating to certain proceedings and the provision of treatment and supervision following certain adjudications occurring in a criminal case.

89(R) HB 1741 - Engrossed version - Bill Text

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.