89R17187 EAS-F
	By: Johnson	H.B. No. 1741
	Substitute the following for H.B. No. 1741:
	By:  VanDeaver	C.S.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.