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2022 Texas Statutes
Code of Criminal Procedure
Title 1 - Code of Criminal Procedure
Chapter 16 - The Commitment or Discharge of the Accused
Article 16.23. Diversion of Persons Suffering Mental Health Crisis or Substance Abuse Issue
Universal Citation: TX Code Crim Pro art 16.23 (2022)
(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, 49.065, 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.
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