BILL ANALYSIS

Senate Research Center	H.B. 1741
89R17187 EAS-F	By: Johnson et al. (Cook)
	Criminal Justice
	5/15/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas counties face a health and safety gap in the care of individuals found not guilty by reason of insanity (NGRI). NGRI individuals often receive court-ordered outpatient treatment in counties outside where their case originated. When NGRI patients in these placements fail to comply with treatment, local authorities lack jurisdiction to intervene before a new crisis emerges.

H.B. 1741 creates a structured framework for transferring jurisdiction when NGRI patients receive treatment by clarifying when outpatient treatment may be provided outside the county of acquittal, establishing a comprehensive process for jurisdiction transfers, and mandating a Health and Human Services Commission study of NGRI outpatient treatment to examine outcomes, funding, and additional challenges.

H.B. 1741 amends current law relating to certain proceedings and the provision of treatment and supervision following certain adjudications occurring in a criminal case.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 46C.264(a), Code of Criminal Procedure, as follows:

(a) Authorizes court-ordered, rather than authorizes the court to order the, outpatient or community-based treatment and supervision 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 is required to be transferred in accordance with Article 46C.2645. Makes a nonsubstantive change.

SECTION 2. Amends Subchapter F, Chapter 46C, Code of Criminal Procedure, by adding Article 46C.2645, as follows:

Art. 46C.2645. TRANSFER OF JURISDICTION OVER ACQUITTED PERSON FOR PURPOSES OF OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION. (a) Defines "local intellectual and developmental disability authority" and "local mental health authority."

(b) Provides that 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) Authorizes either party to 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 has been ordered to receive outpatient or community-based treatment and supervision or 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) Requires that a motion under Subsection (c) 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 include certain information.

(e) Requires the court in which the motion is filed, not later than the 21st day after the date a motion described by Subsection (c) is filed, to conduct a hearing on the motion. Requires the court to accept jurisdiction over the acquitted person if the court, after the hearing, determines that the acquitted person has met certain criteria.

(f) Requires the committing court, once a court accepts jurisdiction over the acquitted person as described by Subsection (e), to transfer the case to the receiving court.

SECTION 3. (a) Provides that 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 (Insanity Defense), Code of Criminal Procedure, before, on, or after the effective date of this Act.

(b) Provides that, 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 an initial determination of not guilty by reason of insanity and 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 (Insanity Defense), 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. Effective date: September 1, 2025.