Texas 2011 - 82nd Regular

Texas Senate Bill SB1503 Compare Versions

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1	1	By: Huffman S.B. No. 1503
2	2	(In the Senate - Filed March 10, 2011; March 22, 2011, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	May 12, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; May 12, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1503 By: Huffman
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to procedures regarding certain criminal defendants who
13	13	are or may be persons with mental illness or mental retardation.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (a), Article 46C.261, Code of
16	16	Criminal Procedure, is amended to read as follows:
17	17	(a) A criminal court that orders an acquitted person
18	18	committed to inpatient treatment or orders outpatient or
19	19	community-based treatment and supervision annually shall determine
20	20	whether to renew the order and has continuing jurisdiction over all
21	21	renewals for the purposes of this chapter.
22	22	SECTION 2. Section 551.042, Health and Safety Code, is
23	23	amended to read as follows:
24	24	Sec. 551.042. OUTPATIENT CLINICS AND TRANSITIONAL
25	25	FACILITIES. (a) If funds are available, the department may
26	26	establish in locations the department considers necessary
27	27	outpatient clinics and transitional facilities to treat persons
28	28	with mental illness.
29	29	(b) As necessary to establish and operate the clinics and
30	30	transitional facilities, the department may:
31	31	(1) acquire facilities;
32	32	(2) hire personnel;
33	33	(3) adopt rules; and
34	34	(4) contract with persons, corporations, and local,
35	35	state, and federal agencies.
36	36	SECTION 3. Subsections (c) and (d), Section 572.004, Health
37	37	and Safety Code, are amended to read as follows:
38	38	(c) The notified physician shall evaluate the patient to
39	39	determine whether there is reasonable cause to believe that the
40	40	patient might meet the criteria for court-ordered mental health
41	41	services or emergency detention. The notified physician shall
42	42	discharge the patient on completion of the evaluation [before the
43	43	end of the four-hour period] unless the physician finds [has]
44	44	reasonable cause to believe that the patient might meet the
45	45	criteria for court-ordered mental health services or emergency
46	46	detention.
47	47	(d) A physician who finds [has] reasonable cause to believe
48	48	that a patient might meet the criteria for court-ordered mental
49	49	health services or emergency detention shall examine the patient as
50	50	soon as possible within 24 hours after the time the request for
51	51	discharge is filed. The physician shall discharge the patient on
52	52	completion of the examination unless the physician determines that
53	53	the person meets the criteria for court-ordered mental health
54	54	services or emergency detention. If the physician makes a
55	55	determination that the patient meets the criteria for court-ordered
56	56	mental health services or emergency detention, the physician shall,
57	57	not later than 4 p.m. on the next succeeding business day after the
58	58	date on which the examination occurs, either discharge the patient
59	59	or file an application for court-ordered mental health services or
60	60	emergency detention and obtain a written order for further
61	61	detention. The physician shall notify the patient if the physician
62	62	intends to detain the patient under this subsection or intends to
63	63	file an application for court-ordered mental health services or
64	64	emergency detention. A decision to detain a patient under this
65	65	subsection and the reasons for the decision shall be made a part of
66	66	the patient's clinical record.
67	67	SECTION 4. Section 574.086, Health and Safety Code, is
68	68	amended by adding Subsections (d) and (e) to read as follows:
69	69	(d) Notwithstanding Subsection (a), a discharge under this
70	70	section is subject to judicial review and disapproval under Section
71	71	574.090 if:
72	72	(1) one of the criteria that formed the basis for the
73	73	decision to commit the patient was a finding that the patient was
74	74	likely to cause serious harm to others;
75	75	(2) regardless of the criteria that formed the basis
76	76	for the decision to commit, a treating physician now believes that
77	77	the patient poses a substantial risk of causing harm to others; or
78	78	(3) the patient has a violent criminal history.
79	79	(e) For purposes of this section, a patient has a violent
80	80	criminal history if the patient:
81	81	(1) has a prior conviction or has received community
82	82	supervision for an offense listed in Article 17.032(a), Code of
83	83	Criminal Procedure;
84	84	(2) is currently charged with an offense listed in
85	85	Article 17.032(a), Code of Criminal Procedure;
86	86	(3) has been charged with an offense listed in Article
87	87	17.032(a), Code of Criminal Procedure, in the five years preceding
88	88	the date of the patient's current commitment; or
89	89	(4) has ever been found not guilty by reason of
90	90	insanity of an offense listed in Article 17.032(a), Code of
91	91	Criminal Procedure.
92	92	SECTION 5. Subchapter F, Chapter 574, Health and Safety
93	93	Code, is amended by adding Section 574.090 to read as follows:
94	94	Sec. 574.090. JUDICIAL REVIEW OF DISCHARGE. (a) A
95	95	facility administrator who determines that a patient described by
96	96	Section 574.086(d) does not meet the criteria for court-ordered
97	97	inpatient mental health services shall prepare a discharge
98	98	certificate as required by Section 574.087 and file it with the
99	99	court that entered the order committing the patient to
100	100	court-ordered inpatient mental health services.
101	101	(b) On the filing of a discharge certificate under
102	102	Subsection (a), the court shall notify the attorney representing
103	103	the state and the patient's last attorney of record and provide each
104	104	attorney a copy of the discharge certificate.
105	105	(c) On the request of the attorney representing the state,
106	106	the court must conduct a hearing to determine whether the patient no
107	107	longer meets the criteria for court-ordered inpatient mental health
108	108	services and should be discharged. The court may hold the hearing
109	109	on its own motion.
110	110	(d) The court may order further psychiatric or
111	111	psychological testing the court considers necessary for
112	112	determining whether the patient no longer meets the criteria for
113	113	court-ordered inpatient mental health services and should be
114	114	discharged.
115	115	(e) At the hearing conducted under this section, the court
116	116	shall determine whether the person meets any criteria for
117	117	court-ordered inpatient mental health services listed in Section
118	118	574.035(a). If the court finds by clear and convincing evidence
119	119	that the patient meets one of the criteria for court-ordered
120	120	inpatient mental health services, the court shall disapprove the
121	121	patient's release and enter a new order committing the patient for
122	122	court-ordered extended inpatient mental health services. If the
123	123	court does not find by clear and convincing evidence that the
124	124	patient meets one of the criteria for court-ordered inpatient
125	125	mental health services, the court shall approve the patient's
126	126	discharge.
127	127	SECTION 6. The change in law made by this Act in amending
128	128	Subsection (a), Article 46C.261, Code of Criminal Procedure,
129	129	applies only to a defendant with respect to whom any proceeding
130	130	under Chapter 46C, Code of Criminal Procedure, is conducted on or
131	131	after the effective date of this Act.
132	132	SECTION 7. This Act takes effect September 1, 2011.
133	133	* * * * *