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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria for commitment of a person with mental |
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illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.003, Health and Safety Code, is |
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amended by adding Subdivision (7-a) to read as follows: |
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(7-a) "Gravely disabled" means a person who, as a |
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result of mental illness, is: |
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(A) suffering severe and ongoing mental, |
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emotional, or physical distress; |
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(B) in danger of serious physical harm or serious |
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illness due to the person's inability to function independently, |
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which is exhibited by the person's inability due to mental illness, |
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except for reasons of indigence, to provide for the person's basic |
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needs, including food, clothing, shelter, medical care, health, or |
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safety; and |
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(C) unable to make a rational and informed |
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decision as to whether to submit to treatment. |
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SECTION 2. Section 574.034(a), Health and Safety Code, is |
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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 mentally ill; 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) is likely to cause serious harm to himself; |
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(B) is likely to cause serious harm to others; or |
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(C) is gravely disabled [:
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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]. |
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SECTION 3. Section 574.035(a), Health and Safety Code, is |
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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 mentally ill; |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) is likely to cause serious harm to himself; |
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(B) is likely to cause serious harm to others; or |
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(C) is gravely disabled [:
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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]; |
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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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SECTION 4. This Act takes effect September 1, 2013. |