Bill Text: TX HB726 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the criteria for court-ordered inpatient and extended inpatient mental health services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-28 - Referred to Judiciary & Civil Jurisprudence [HB726 Detail]
Download: Texas-2023-HB726-Introduced.html
88R2928 EAS-D | ||
By: Rose | H.B. No. 726 |
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relating to the criteria for court-ordered inpatient and extended | ||
inpatient mental health services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 574.034(a) and (d), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The judge may order a proposed patient to receive | ||
court-ordered temporary inpatient mental health services only if | ||
the judge or jury finds, from clear and convincing evidence, that: | ||
(1) the proposed patient is a person with mental | ||
illness; and | ||
(2) as a result of that mental illness the proposed | ||
patient: | ||
(A) is likely to cause serious bodily harm to the | ||
proposed patient or others; | ||
(B) is unable, except for reasons of indigence, | ||
to provide for the proposed patient's basic needs, including food, | ||
clothing, health, or safety [ |
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(C) is: | ||
(i) suffering severe and abnormal mental, | ||
emotional, or physical distress; | ||
(ii) experiencing substantial [ |
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reasoning, or ability to control behavior [ |
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(iii) unable to make a rational and | ||
informed decision as to whether or not to submit to treatment. | ||
(d) To be clear and convincing under Subsection (a), the | ||
evidence must include expert testimony and, unless waived, evidence | ||
of a recent overt act or a continuing pattern of behavior that tends | ||
to confirm: | ||
(1) the likelihood of serious bodily harm to the | ||
proposed patient or others; [ |
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(2) the proposed patient's inability to provide for | ||
the proposed patient's basic needs; or | ||
(3) the proposed patient's distress and the | ||
deterioration of the proposed patient's ability to function. | ||
SECTION 2. Sections 574.035(a) and (e), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The judge may order a proposed patient to receive | ||
court-ordered extended inpatient mental health services only if the | ||
jury, or the judge if the right to a jury is waived, finds, from | ||
clear and convincing evidence, that: | ||
(1) the proposed patient is a person with mental | ||
illness; | ||
(2) as a result of that mental illness the proposed | ||
patient: | ||
(A) is likely to cause serious bodily harm to the | ||
proposed patient or others; | ||
(B) is unable, except for reasons of indigence, | ||
to provide for the proposed patient's basic needs, including food, | ||
clothing, health, or safety [ |
||
(C) is: | ||
(i) suffering severe and abnormal mental, | ||
emotional, or physical distress; | ||
(ii) experiencing substantial [ |
||
reasoning, or ability to control behavior [ |
||
(iii) unable to make a rational and | ||
informed decision as to whether or not to submit to treatment; | ||
(3) the proposed patient's condition is expected to | ||
continue for more than 90 days; and | ||
(4) the proposed patient has received court-ordered | ||
inpatient mental health services under this subtitle or under | ||
Chapter 46B, Code of Criminal Procedure, for at least 60 | ||
consecutive days during the preceding 12 months. | ||
(e) To be clear and convincing under Subsection (a), the | ||
evidence must include expert testimony and evidence of a recent | ||
overt act or a continuing pattern of behavior that tends to confirm: | ||
(1) the likelihood of serious bodily harm to the | ||
proposed patient or others; [ |
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(2) the proposed patient's inability to provide for | ||
the proposed patient's basic needs; or | ||
(3) the proposed patient's distress and the | ||
deterioration of the proposed patient's ability to function. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a proceeding for court-ordered mental health services that occurs | ||
on or after the effective date of this Act, regardless of when an | ||
offense with which the defendant is charged was committed. | ||
SECTION 4. This Act takes effect September 1, 2023. |