outpatient mental health services under Section 574.034, Health and
Safety Code; or
(3) consider the written assessment during the
punishment phase after a conviction of the offense for which the
defendant was arrested, as part of a presentence investigation
report, or in connection with the impositions of conditions
following placement on community supervision, including deferred
adjudication community supervision.
(d) This article does not prevent the applicable court from,
before, during, or after the collection of information regarding
the defendant as described by this article:
(1) releasing a defendant who has a mental illness
[mentally ill] or is a person with an intellectual disability
[mentally retarded defendant] from custody on personal or surety
bond; or
(2) ordering an examination regarding the defendant's
competency to stand trial.
SECTION 2.02. Chapter 16, Code of Criminal Procedure, is
amended by adding Article 16.23 to read as follows:
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