Texas 2009 - 81st Regular

Texas Senate Bill SB1477 Compare Versions

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1	1	By: Uresti, Zaffirini S.B. No. 1477
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a court's authority to order a proposed patient to
7	7	receive extended outpatient mental health services.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (b), Section 574.035, Health and
10	10	Safety Code, is amended to read as follows:
11	11	(b) The judge may order a proposed patient to receive
12	12	court-ordered extended outpatient mental health services only if:
13	13	(1) the judge finds that appropriate mental health
14	14	services are available to the patient; and
15	15	(2) the jury, or the judge if the right to a jury is
16	16	waived, finds from clear and convincing evidence that:
17	17	(A) the proposed patient is mentally ill;
18	18	(B) the nature of the mental illness is severe
19	19	and persistent;
20	20	(C) as a result of the mental illness, the
21	21	proposed patient will, if not treated, continue to:
22	22	(i) suffer severe and abnormal mental,
23	23	emotional, or physical distress; and
24	24	(ii) experience deterioration of the
25	25	ability to function independently to the extent that the proposed
26	26	patient will be unable to live safely in the community without
27	27	court-ordered outpatient mental health services;
28	28	(D) the proposed patient has an inability to
29	29	participate in outpatient treatment services effectively and
30	30	voluntarily, demonstrated by:
31	31	(i) any of the proposed patient's actions
32	32	occurring within the two-year period which immediately precedes the
33	33	hearing; or
34	34	(ii) specific characteristics of the
35	35	proposed patient's clinical condition that make impossible a
36	36	rational and informed decision whether to submit to voluntary
37	37	outpatient treatment;
38	38	(E) the proposed patient's condition is expected
39	39	to continue for more than 90 days; and
40	40	(F) the proposed patient has received:
41	41	(i) court-ordered inpatient mental health
42	42	services under this subtitle or under Subchapter D or E, Chapter
43	43	46B, Code of Criminal Procedure, for a total of at least 60
44	44	[consecutive] days during the preceding 12 months; or
45	45	(ii) court-ordered outpatient mental
46	46	health services under this subtitle or under Subchapter D or E,
47	47	Chapter 46B, Code of Criminal Procedure, during the preceding 60
48	48	days.
49	49	SECTION 2. Subsection (b), Section 574.002, Health and
50	50	Safety Code, is amended to read as follows:
51	51	(b) The application must state whether the application is
52	52	for temporary or extended mental health services. An application
53	53	for extended inpatient mental health services must state that the
54	54	person has received court-ordered inpatient mental health services
55	55	under this subtitle or under Subchapter D or E, Chapter 46B, Code of
56	56	Criminal Procedure, for at least 60 consecutive days during the
57	57	preceding 12 months. An application for extended outpatient mental
58	58	health services must state that the person has received:
59	59	(1) court-ordered inpatient mental health services
60	60	under this subtitle or under Subchapter D or E, Chapter 46B, Code of
61	61	Criminal Procedure, for a total of at least 60 days during the
62	62	preceding 12 months; or
63	63	(2) court-ordered outpatient mental health services
64	64	under this subtitle or under Subchapter D or E, Chapter 46B, Code of
65	65	Criminal Procedure, during the preceding 60 days.
66	66	SECTION 3. This Act takes effect September 1, 2009.