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A BILL TO BE ENTITLED
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AN ACT
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relating to preliminary examination periods for mental health |
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protective custody and the criteria for and duration of certain |
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court-ordered mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.021(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person accepted for a preliminary examination may be |
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detained in custody for not longer than 72 [48] hours after the time |
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the person is presented to the facility unless a written order for |
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protective custody is obtained. The 72-hour [48-hour] period |
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allowed by this section includes any time the patient spends |
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waiting in the facility for medical care before the person receives |
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the preliminary examination. If the 72-hour [48-hour] period ends |
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on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first |
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succeeding business day, the person may be detained until 4 p.m. on |
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the first succeeding business day. If the 72-hour [48-hour] period |
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ends at a different time, the person may be detained only until 4 |
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p.m. on the day the 72-hour [48-hour] period ends. If extremely |
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hazardous weather conditions exist or a disaster occurs, the |
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presiding judge or magistrate may, by written order made each day, |
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extend by an additional 24 hours the period during which the person |
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may be detained. The written order must declare that an emergency |
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exists because of the weather or the occurrence of a disaster. |
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SECTION 2. Sections 574.034(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) The judge may order a proposed patient to receive |
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court-ordered temporary inpatient mental health services only if |
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the judge or jury finds, from clear and convincing evidence, that: |
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(1) the proposed patient is a person with mental |
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illness; and |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) poses a substantial risk of causing [is |
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likely to cause] serious harm to the proposed patient, as evidenced |
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by serious threats of attempting suicide, a suicide attempt, or |
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other significant self-inflicted bodily harm; |
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(B) poses a substantial risk of causing [is |
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likely to cause] serious harm to others, as evidenced by violent |
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behavior directed toward others; [or] |
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(C) is: |
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(i) suffering severe and abnormal mental, |
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emotional, or physical distress; |
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(ii) experiencing substantial mental or |
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physical deterioration of the proposed patient's ability to |
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function independently, which is exhibited by the proposed |
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patient's inability, except for reasons of indigence, to provide |
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for the proposed patient's basic needs, including food, clothing, |
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health, or safety; and |
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(iii) unable to make a rational and |
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informed decision as to whether or not to submit to treatment; or |
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(D) is experiencing severe mental or physical |
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deterioration that, without immediate intervention, poses a |
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substantial risk of severe impairment or injury to the proposed |
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patient. |
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(d) To be clear and convincing under Subsection (a), the |
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evidence must include expert testimony and, unless waived, evidence |
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of a recent overt act or a continuing pattern of behavior that tends |
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to confirm: |
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(1) the likelihood of serious harm to the proposed |
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patient or others; [or] |
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(2) the proposed patient's distress and the |
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deterioration of the proposed patient's ability to function; or |
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(3) the severe deterioration of the proposed patient |
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that poses a substantial risk of impairment or injury to the |
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proposed patient. |
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SECTION 3. Section 574.0345(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) An order for temporary outpatient mental health |
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services shall state that treatment is authorized for not longer |
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than 90 [45] days, except that the order may specify a period not to |
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exceed 180 [90] days if the judge finds that the longer period is |
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necessary. |
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SECTION 4. Sections 574.035(a) and (e), Health and Safety |
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Code, are amended to read as follows: |
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(a) The judge may order a proposed patient to receive |
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court-ordered extended inpatient mental health services only if the |
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jury, or the judge if the right to a jury is waived, finds, from |
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clear and convincing evidence, that: |
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(1) the proposed patient is a person with mental |
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illness; |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) poses a substantial risk of causing [is |
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likely to cause] serious harm to the proposed patient, as evidenced |
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by serious threats of attempting suicide, a suicide attempt, or |
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other significant self-inflicted bodily harm; |
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(B) poses a substantial risk of causing [is |
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likely to cause] serious harm to others, as evidenced by violent |
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behavior directed toward others; [or] |
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(C) is: |
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(i) suffering severe and abnormal mental, |
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emotional, or physical distress; |
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(ii) experiencing substantial mental or |
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physical deterioration of the proposed patient's ability to |
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function independently, which is exhibited by the proposed |
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patient's inability, except for reasons of indigence, to provide |
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for the proposed patient's basic needs, including food, clothing, |
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health, or safety; and |
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(iii) unable to make a rational and |
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informed decision as to whether or not to submit to treatment; or |
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(D) is experiencing severe mental or physical |
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deterioration that, without immediate intervention, poses a |
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substantial risk of severe impairment or injury to the proposed |
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patient; |
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(3) the proposed patient's condition is expected to |
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continue for more than 90 days; and |
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(4) the proposed patient has received court-ordered |
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inpatient mental health services under this subtitle or under |
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Chapter 46B, Code of Criminal Procedure, for at least 60 |
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consecutive days during the preceding 12 months. |
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(e) To be clear and convincing under Subsection (a), the |
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evidence must include expert testimony and evidence of a recent |
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overt act or a continuing pattern of behavior that tends to confirm: |
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(1) the likelihood of serious harm to the proposed |
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patient or others; [or] |
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(2) the proposed patient's distress and the |
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deterioration of the proposed patient's ability to function; or |
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(3) the severe deterioration of the proposed patient |
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that poses a substantial risk of impairment or injury to the |
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proposed patient. |
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SECTION 5. The change in law made by this Act to Section |
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573.021, Health and Safety Code, applies to an emergency detention |
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that begins on or after the effective date of this Act. An emergency |
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detention that begins before the effective date of this Act is |
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governed by the law as it existed immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 6. The changes in law made by this Act to Chapter |
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574, Health and Safety Code, apply only to a proceeding for |
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court-ordered mental health services that occurs on or after the |
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effective date of this Act, regardless of when an offense with which |
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the defendant is charged was committed. |
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SECTION 7. This Act takes effect September 1, 2023. |