Texas statute

Tex. Code Crim. Proc. art. 16.23 — Diversion of persons suffering mental health crisis or substance abuse issue

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 16: THE COMMITMENT OR DISCHARGE OF THE ACCUSED, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 16.23

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 16.23Primary source, current through the 89th Legislature, 2nd Called Session (2025)

(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.

Official sources

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