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Texas Code of Criminal Procedure

§ 16.23 — DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE

CR § 16.23Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 16. THE COMMITMENT OR DISCHARGE OF THE ACCUSED

Statute text

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(a)Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if:
(1)there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person;
(2)it is reasonable to divert the person;
(3)the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and
(4)the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.
(b)Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code. Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 2.02, eff. September 1, 2017. Amended by:

Legislative history

Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 6, eff. September 1, 2023.

Source: Texas Code of Criminal Procedure § 16.23 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.