Texas 2017 - 85th Regular

Texas Senate Bill SB1623 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11239 MEW-D
2	2	By: Uresti S.B. No. 1623
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain persons who are acquitted by reason of insanity
8	8	in a criminal case and who are dangerous to the person's self.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 46C.252(c), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(c) The report must address:
13	13	(1) whether the acquitted person has a mental illness
14	14	or mental retardation and, if so, whether the mental illness or
15	15	mental retardation is severe;
16	16	(2) whether as a result of any severe mental illness or
17	17	mental retardation the acquitted person is likely to cause serious
18	18	harm to the person's self or another;
19	19	(3) whether as a result of any impairment the
20	20	acquitted person is subject to commitment under Subtitle C or D,
21	21	Title 7, Health and Safety Code;
22	22	(4) prospective treatment and supervision options, if
23	23	any, appropriate for the acquitted person; and
24	24	(5) whether any required treatment and supervision can
25	25	be safely and effectively provided as outpatient or community-based
26	26	treatment and supervision.
27	27	SECTION 2. Article 46C.253(b), Code of Criminal Procedure,
28	28	is amended to read as follows:
29	29	(b) At the hearing, the court shall address:
30	30	(1) whether the person acquitted by reason of insanity
31	31	has a severe mental illness or mental retardation;
32	32	(2) whether as a result of any mental illness or mental
33	33	retardation the person is likely to cause serious harm to the
34	34	person's self or another; and
35	35	(3) whether appropriate treatment and supervision for
36	36	any mental illness or mental retardation rendering the person
37	37	dangerous to the person's self or another can be safely and
38	38	effectively provided as outpatient or community-based treatment
39	39	and supervision.
40	40	SECTION 3. Article 46C.254, Code of Criminal Procedure, is
41	41	amended to read as follows:
42	42	Art. 46C.254. EFFECT OF STABILIZATION ON TREATMENT REGIMEN.
43	43	If an acquitted person is stabilized on a treatment regimen,
44	44	including medication and other treatment modalities, rendering the
45	45	person no longer likely to cause serious harm to the person's self
46	46	or another, inpatient treatment or residential care may be found
47	47	necessary to protect the safety of the person's self or of others
48	48	only if:
49	49	(1) the person would become likely to cause serious
50	50	harm to the person's self or another if the person fails to follow
51	51	the treatment regimen on an Order to Receive Outpatient or
52	52	Community-Based Treatment and Supervision; and
53	53	(2) under an Order to Receive Outpatient or
54	54	Community-Based Treatment and Supervision either:
55	55	(A) the person is likely to fail to comply with an
56	56	available regimen of outpatient or community-based treatment, as
57	57	determined by the person's insight into the need for medication,
58	58	the number, severity, and controllability of side effects, the
59	59	availability of support and treatment programs for the person from
60	60	community members, and other appropriate considerations; or
61	61	(B) a regimen of outpatient or community-based
62	62	treatment will not be available to the person.
63	63	SECTION 4. Article 46C.255(c), Code of Criminal Procedure,
64	64	is amended to read as follows:
65	65	(c) If a hearing is held before a jury and the jury
66	66	determines that the person has a mental illness or mental
67	67	retardation and is likely to cause serious harm to the person's self
68	68	or another, the court shall determine whether inpatient treatment
69	69	or residential care is necessary to protect the safety of the
70	70	person's self or of others.
71	71	SECTION 5. Article 46C.256(a), Code of Criminal Procedure,
72	72	is amended to read as follows:
73	73	(a) The court shall order the acquitted person committed to
74	74	a mental hospital or other appropriate facility for inpatient
75	75	treatment or residential care if the state establishes by clear and
76	76	convincing evidence that:
77	77	(1) the person has a severe mental illness or mental
78	78	retardation;
79	79	(2) the person, as a result of that mental illness or
80	80	mental retardation, is likely to cause serious bodily injury to the
81	81	person's self or another if the person is not provided with
82	82	treatment and supervision; and
83	83	(3) inpatient treatment or residential care is
84	84	necessary to protect the safety of the person's self or of others.
85	85	SECTION 6. Article 46C.257(a), Code of Criminal Procedure,
86	86	is amended to read as follows:
87	87	(a) The court shall order the acquitted person to receive
88	88	outpatient or community-based treatment and supervision if:
89	89	(1) the state establishes by clear and convincing
90	90	evidence that the person:
91	91	(A) has a severe mental illness or mental
92	92	retardation; and
93	93	(B) as a result of that mental illness or mental
94	94	retardation is likely to cause serious bodily injury to the
95	95	person's self or another if the person is not provided with
96	96	treatment and supervision; and
97	97	(2) the state fails to establish by clear and
98	98	convincing evidence that inpatient treatment or residential care is
99	99	necessary to protect the safety of the person's self or of others.
100	100	SECTION 7. Articles 46C.258(a) and (b), Code of Criminal
101	101	Procedure, are amended to read as follows:
102	102	(a) The head of the facility to which an acquitted person is
103	103	committed has, during the commitment period, a continuing
104	104	responsibility to determine:
105	105	(1) whether the acquitted person continues to have a
106	106	severe mental illness or mental retardation and is likely to cause
107	107	serious harm to the person's self or another because of any severe
108	108	mental illness or mental retardation; and
109	109	(2) if so, whether treatment and supervision cannot be
110	110	safely and effectively provided as outpatient or community-based
111	111	treatment and supervision.
112	112	(b) The head of the facility must notify the committing
113	113	court and seek modification of the order of commitment if the head
114	114	of the facility determines that an acquitted person no longer has a
115	115	severe mental illness or mental retardation, is no longer likely to
116	116	cause serious harm to the person's self or another, or that
117	117	treatment and supervision can be safely and effectively provided as
118	118	outpatient or community-based treatment and supervision.
119	119	SECTION 8. Article 46C.265(b), Code of Criminal Procedure,
120	120	is amended to read as follows:
121	121	(b) The person responsible for administering a regimen of
122	122	outpatient or community-based treatment and supervision shall
123	123	notify the court ordering that treatment and supervision and the
124	124	attorney representing the state if the person:
125	125	(1) fails to comply with the regimen; and
126	126	(2) becomes likely to cause serious harm to the
127	127	person's self or another.
128	128	SECTION 9. Article 46C.266(b), Code of Criminal Procedure,
129	129	is amended to read as follows:
130	130	(b) At the hearing, the court without a jury shall determine
131	131	whether the state has established clear and convincing evidence
132	132	that:
133	133	(1) the acquitted person failed to comply with the
134	134	regimen in a manner or under circumstances indicating the person
135	135	will become likely to cause serious harm to the person's self or
136	136	another if the person is provided continued outpatient or
137	137	community-based treatment and supervision; or
138	138	(2) the acquitted person has become likely to cause
139	139	serious harm to the person's self or another if provided continued
140	140	outpatient or community-based treatment and supervision.
141	141	SECTION 10. Article 46C.268(f), Code of Criminal Procedure,
142	142	is amended to read as follows:
143	143	(f) The court shall discharge the acquitted person from all
144	144	court-ordered commitment and treatment and supervision and
145	145	terminate the court's jurisdiction over the person if the court
146	146	finds that the acquitted person has established by a preponderance
147	147	of the evidence that:
148	148	(1) the acquitted person does not have a severe mental
149	149	illness or mental retardation; or
150	150	(2) the acquitted person is not likely to cause
151	151	serious harm to the person's self or another because of any severe
152	152	mental illness or mental retardation.
153	153	SECTION 11. The changes in law made by this Act in amending
154	154	Chapter 46C, Code of Criminal Procedure, apply only to a defendant
155	155	acquitted of an offense on or after the effective date of this Act,
156	156	regardless of when the offense of which the defendant was acquitted
157	157	was committed. A defendant who before the effective date of this
158	158	Act is acquitted of an offense is governed by the law in effect on
159	159	the date the acquittal occurred, and the former law remains in
160	160	effect for that purpose.
161	161	SECTION 12. This Act takes effect September 1, 2017.