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A BILL TO BE ENTITLED
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AN ACT
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relating to certain proceedings and supervision following certain |
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adjudications occurring in a 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(a), Code of Criminal Procedure, |
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is amended to 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 person was acquitted; or |
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(2) the court receiving jurisdiction over the person |
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under Article 46C.2645 is located. |
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SECTION 2. Subchapter F, Chapter 46C, Code of Criminal |
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Procedure, is amended by adding Article 46C.2645 to read as |
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follows: |
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Art. 46C.2645. TRANSFER OF JURISDICTION OVER ACQUITTED |
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PERSON RECEIVING COURT-ORDERED OUTPATIENT OR COMMUNITY-BASED |
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TREATMENT AND SUPERVISION. (a) This article applies only with |
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respect to an acquitted person for whom outpatient or |
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community-based treatment and supervision are sought to be provided |
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in a county other than the county in which the committing court is |
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located. |
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(b) Either party may file a motion to transfer, to a county |
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other than the county in which the committing court is located, |
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jurisdiction over an acquitted person who has been ordered to |
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receive outpatient or community-based treatment and supervision. |
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The motion must be filed in the county to which the transfer is |
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sought and in a court with jurisdiction over the category of offense |
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of which the person was acquitted and must include: |
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(1) a description of the alternative placements in the |
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county of the committing court, as considered by the parties, and |
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why the placements are unsuitable; |
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(2) a statement that the local mental health authority |
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in the proposed county has been notified; |
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(3) the factors that create the nexus, as described by |
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Subsection (c)(4), between the acquitted person and the proposed |
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county; and |
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(4) any other factors that support the transfer. |
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(c) Not later than the 45th day after the date a motion |
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described by Subsection (b) is filed, the court shall conduct a |
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hearing on the motion. The court shall consider the following |
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factors in determining whether to accept jurisdiction over the |
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acquitted person: |
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(1) whether sufficient resources are available to |
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provide outpatient or community-based treatment and supervision in |
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the proposed county; |
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(2) whether the acquitted person can be adequately |
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supervised in the proposed county while maintaining the safety of |
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the community and the acquitted person; |
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(3) whether the local mental health authority in the |
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proposed county has agreed to provide the outpatient or |
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community-based treatment and supervision; |
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(4) whether there is a nexus between the acquitted |
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person and the proposed county that would add stability and support |
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for the person, including the acquitted person having: |
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(A) an active support network in that county, |
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including family and friends; and |
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(B) previously received mental health services |
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from the local mental health authority in the proposed county at any |
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time during the five-year period preceding the date of the person's |
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acquittal; |
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(5) the acquitted person's proposed outpatient or |
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community-based treatment plan; and |
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(6) other factors that the court considers relevant. |
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(d) After the court makes a determination that accepting |
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jurisdiction over the acquitted person is appropriate, the |
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committing court shall transfer the case to that court. |
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(e) After the case is transferred, the acquitted person's |
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discharge planning shall be completed by the court accepting |
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jurisdiction and the applicable local mental health authority and |
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state hospital serving the county in which that court is located. |
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SECTION 3. (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, 2026: |
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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, 2026, 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 4. (a) The changes in law made by this Act in |
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amending Article 46C.264(a), Code of Criminal Procedure, and adding |
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Article 46C.2645, Code of Criminal Procedure, apply to any |
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defendant who is subject to proceedings under Chapter 46C, Code of |
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Criminal Procedure, before, on, or after the effective date of this |
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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 5. This Act takes effect September 1, 2025. |