By: Burkett, Naishtat, H.B. No. 1947
N. Gonzalez of El Paso
Substitute the following for H.B. No. 1947:
By: Fallon C.S.H.B. No. 1947
A BILL TO BE ENTITLED
AN ACT
relating to the criteria for commitment of a person with mental
illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.003, Health and Safety Code, is
amended by adding Subdivision (7-a) to read as follows:
(7-a) "Gravely disabled" means a person who, as a
result of mental illness, is:
(A) suffering severe and ongoing mental,
emotional, or physical distress;
(B) in danger of serious physical harm or serious
illness due to the person's inability to function independently,
which is exhibited by the person's inability due to mental illness,
except for reasons of indigence, to provide for the person's basic
needs, including food, clothing, shelter, medical care, health, or
safety; and
(C) unable to make a rational and informed
decision as to whether to submit to treatment.
SECTION 2. Section 573.001, Health and Safety Code, is
amended to read as follows:
Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT
WARRANT. (a) A peace officer, without a warrant, may take a person
into custody if the officer:
(1) has reason to believe and does believe that:
(A) the person is mentally ill; and
(B) because of that mental illness there is a
substantial risk of serious harm to the person or to others unless
the person is immediately restrained; and
(2) believes that there is not sufficient time to
obtain a warrant before taking the person into custody.
(b) A substantial risk of serious harm to the person or
others under Subsection (a)(1)(B) may be demonstrated by:
(1) the person's behavior; or
(2) the person being gravely disabled [evidence of
severe emotional distress and deterioration in the proposed
patient's mental condition] to the extent that the person cannot
remain at liberty.
(c) The peace officer may form the belief that the person
meets the criteria for apprehension:
(1) from a representation of a credible person; or
(2) on the basis of the conduct of the apprehended
person or the circumstances under which the apprehended person is
found.
(d) A peace officer who takes a person into custody under
Subsection (a) shall immediately transport the apprehended person
to:
(1) the nearest appropriate inpatient mental health
facility; or
(2) a mental health facility deemed suitable by the
local mental health authority, if an appropriate inpatient mental
health facility is not available.
(e) A jail or similar detention facility may not be deemed
suitable except in an extreme emergency.
(f) A person detained in a jail or a nonmedical facility
shall be kept separate from any person who is charged with or
convicted of a crime.
SECTION 3. Section 574.022, Health and Safety Code, is
amended to read as follows:
Sec. 574.022. ISSUANCE OF ORDER. (a) The judge or
designated magistrate may issue a protective custody order if the
judge or magistrate determines:
(1) that a physician has stated his opinion and the
detailed reasons for his opinion that the proposed patient is
mentally ill; and
(2) the proposed patient presents a substantial risk
of serious harm to himself or others if not immediately restrained
pending the hearing.
(b) The determination that the proposed patient presents a
substantial risk of serious harm may be demonstrated by the
proposed patient's behavior or by the person being gravely disabled
[evidence of severe emotional distress and deterioration in the
proposed patient's mental condition] to the extent that the
proposed patient cannot remain at liberty.
(c) The judge or magistrate may make a determination that
the proposed patient meets the criteria prescribed by Subsection
(a) from the application and certificate alone if the judge or
magistrate determines that the conclusions of the applicant and
certifying physician are adequately supported by the information
provided.
(d) The judge or magistrate may take additional evidence if
a fair determination of the matter cannot be made from
consideration of the application and certificate only.
(e) The judge or magistrate may issue a protective custody
order for a proposed patient who is charged with a criminal offense
if the proposed patient meets the requirements of this section and
the facility administrator designated to detain the proposed
patient agrees to the detention.
SECTION 4. Section 574.034(a), Health and Safety Code, is
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 mentally ill; and
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is gravely disabled[:
[(i) suffering severe and abnormal mental,
emotional, or physical distress;
[(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
[(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment].
SECTION 5. Section 574.035(a), Health and Safety Code, is
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 mentally ill;
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is gravely disabled[:
[(i) suffering severe and abnormal mental,
emotional, or physical distress;
[(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
[(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.
SECTION 6. This Act takes effect September 1, 2013.