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

Texas Statutes

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

Texas § 16.23

Code CRCode of Criminal Procedure

This text of Texas § 16.23 (DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 16.23 (2026).

Text

Art. 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 offe

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Art. 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.

Legislative History

Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849 ), Sec. 2.02, eff. September 1, 2017. Amended by: Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163 ), Sec. 6, eff. September 1, 2023.