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A BILL TO BE ENTITLED
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AN ACT
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relating to persons who are acquitted by reason of insanity in a |
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criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46C.264, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Court-ordered [The court may order the] outpatient or |
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community-based treatment and supervision may [to] be provided to |
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the acquitted person only in a county in which [in any appropriate |
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county where the] necessary resources are available and in which: |
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(1) the court is located; or |
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(2) the acquitted person: |
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(A) has a significant nexus to the county; and |
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(B) can be adequately supervised while |
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maintaining the public safety of the community and the acquitted |
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person. |
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(a-1) For purposes of this article, an acquitted person has |
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a significant nexus to a county if a substantial connection exists |
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between the acquitted person and the county, including a |
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substantial connection based on the acquitted person having: |
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(1) a support network in that county, including family |
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and friends; and |
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(2) previously received mental health services from |
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the local mental health authority in that county in the five-year |
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period preceding the date of the person's acquittal. |
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SECTION 2. (a) The Health and Human Services Commission |
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shall conduct a study on persons who were, during the period |
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beginning on September 1, 2005, and ending on August 31, 2024: |
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(1) found not guilty by reason of insanity; and |
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(2) ordered by the court to participate in outpatient |
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or community-based treatment and supervision. |
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(b) Not later than December 1, 2024, the commission shall |
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prepare and submit to the legislature a written report containing |
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the results of the study and any recommendations for legislative or |
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other action. The report must include the following, with regard to |
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the acquitted persons who, during the applicable period described |
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by Subsection (a) of this section, are ordered by the court to |
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participate in outpatient or community-based treatment and |
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supervision: |
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(1) a list of each county with regard to which |
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acquitted persons are ordered to participate in treatment and |
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supervision; |
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(2) the number of acquitted persons ordered to |
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participate in treatment and supervision in: |
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(A) counties in which the court ordering the |
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treatment and supervision is located; or |
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(B) counties other than the county in which the |
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court ordering the treatment and supervision is located; |
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(3) the reasons acquitted persons are ordered to |
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participate in treatment and supervision in a county described by |
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Subdivision (2)(B) of this subsection; |
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(4) issues identified by treatment providers and other |
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stakeholders concerning acquitted persons being ordered to |
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participate in treatment and supervision in a county described by |
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Subdivision (2)(B) of this subsection; |
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(5) information on whether there is sufficient funding |
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for acquitted persons to participate in all types of outpatient |
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treatment and supervision in this state; and |
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(6) a description of outcomes for acquitted persons |
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participating in all types of outpatient treatment and supervision |
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in this state. |
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SECTION 3. (a) The change in law made by this Act in |
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amending Article 46C.264, Code of Criminal Procedure, applies to |
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any defendant who is subject to proceedings under Chapter 46C, Code |
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of Criminal Procedure, before, on, or after the effective date of |
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this Act. |
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(b) Notwithstanding Section 5, Chapter 831 (S.B. 837), Acts |
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of the 79th Legislature, Regular Session, 2005, for a person who |
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committed any element of the offense before September 1, 2005, |
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Chapter 46C, Code of Criminal Procedure, as amended by this Act, |
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governs: |
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(1) an initial determination of not guilty by reason |
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of insanity; and |
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(2) any subsequent proceedings that occur in relation |
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to a determination of not guilty by reason of insanity made under |
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Chapter 46C or former Article 46.03, Code of Criminal Procedure, as |
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applicable, including commitment hearings, recommitment hearings, |
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and court orders requiring participation in outpatient or |
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community-based treatment and supervision. |
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SECTION 4. This Act takes effect September 1, 2023. |