written assessment relating to the defendant under Subsection ( b ) or elects to use the results of a previous determination as described by Subsection ( a )( 2 ), the trial court may , as applicable :
( 1 ) resume criminal proceedings against the defendant , including any appropriate proceedings related to the defendant ' s release on personal bond under Article 17.032 ;
( 2 ) resume or initiate competency proceedings , if required , as provided by Chapter 46B or other proceedings affecting the defendant ' s receipt of appropriate court-ordered mental health or intellectual disability [ mental retardation ] services , including proceedings related to the defendant ' s receipt of 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