Tex. Code Crim. Proc. art. 16.23

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 16.23 - Diversion of Persons Suffering Mental Health Crisis or Substance Abuse Issue

(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.

Tex. Code Crim. Proc. § 16.23

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 813,Sec. 6, eff. 9/1/2023.

Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 950,Sec. 2.02, eff. 9/1/2017.