Bill Text: TX HB2972 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to persons who are acquitted by reason of insanity in a criminal case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Public Health [HB2972 Detail]
Download: Texas-2023-HB2972-Introduced.html
88R2905 EAS-F | ||
By: A. Johnson of Harris | H.B. No. 2972 |
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relating to persons who are acquitted by reason of insanity in a | ||
criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46C.264, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) Court-ordered [ |
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community-based treatment and supervision may [ |
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the acquitted person only in a county in which [ |
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(1) the court is located; or | ||
(2) the acquitted person: | ||
(A) has a significant nexus to the county; and | ||
(B) can be adequately supervised while | ||
maintaining the public safety of the community and the acquitted | ||
person. | ||
(a-1) For purposes of this article, an acquitted person has | ||
a significant nexus to a county if a substantial connection exists | ||
between the acquitted person and the county, including a | ||
substantial connection based on the acquitted person having: | ||
(1) a support network in that county, including family | ||
and friends; and | ||
(2) previously received mental health services from | ||
the local mental health authority in that county in the five-year | ||
period preceding the date of the person's acquittal. | ||
SECTION 2. (a) The Health and Human Services Commission | ||
shall conduct a study on persons who were, during the period | ||
beginning on September 1, 2005, and ending on August 31, 2024: | ||
(1) found not guilty by reason of insanity; and | ||
(2) ordered by the court to participate in outpatient | ||
or community-based treatment and supervision. | ||
(b) Not later than December 1, 2024, the commission shall | ||
prepare and submit to the legislature a written report containing | ||
the results of the study and any recommendations for legislative or | ||
other action. The report must include the following, with regard to | ||
the acquitted persons who, during the applicable period described | ||
by Subsection (a) of this section, are ordered by the court to | ||
participate in outpatient or community-based treatment and | ||
supervision: | ||
(1) a list of each county with regard to which | ||
acquitted persons are ordered to participate in treatment and | ||
supervision; | ||
(2) the number of acquitted persons ordered to | ||
participate in treatment and supervision in: | ||
(A) counties in which the court ordering the | ||
treatment and supervision is located; or | ||
(B) counties other than the county in which the | ||
court ordering the treatment and supervision is located; | ||
(3) the reasons acquitted persons are ordered to | ||
participate in treatment and supervision in a county described by | ||
Subdivision (2)(B) of this subsection; | ||
(4) issues identified by treatment providers and other | ||
stakeholders concerning acquitted persons being ordered to | ||
participate in treatment and supervision in a county described by | ||
Subdivision (2)(B) of this subsection; | ||
(5) information on whether there is sufficient funding | ||
for acquitted persons to participate in all types of outpatient | ||
treatment and supervision in this state; and | ||
(6) a description of outcomes for acquitted persons | ||
participating in all types of outpatient treatment and supervision | ||
in this state. | ||
SECTION 3. (a) The change in law made by this Act in | ||
amending Article 46C.264, Code of Criminal Procedure, applies 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, 2023. |