HB1741 - Relating to certain proceedings and the provision of treatment and supervision following certain adjudications occurring in a criminal case.

  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.