(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 § 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code.

Terms Used In Texas Code of Criminal Procedure 16.23

  • Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
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