Texas 2021 - 87th Regular

Texas House Bill HB4274 Compare Versions

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

Old	New	Differences
1	1	87R10455 JG-D
2	2	By: Rose H.B. No. 4274
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criteria for court-ordered inpatient and extended
8	8	inpatient mental health services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 574.034(a) and (d), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(a) The judge may order a proposed patient to receive
13	13	court-ordered temporary inpatient mental health services only if
14	14	the judge or jury finds, from clear and convincing evidence, that:
15	15	(1) the proposed patient is a person with mental
16	16	illness; and
17	17	(2) as a result of that mental illness the proposed
18	18	patient:
19	19	(A) is likely to cause serious bodily harm to the
20	20	proposed patient or others;
21	21	(B) is unable, except for reasons of indigence,
22	22	to provide for the proposed patient's basic needs, including food,
23	23	clothing, health, or safety [likely to cause serious harm to
24	24	others]; or
25	25	(C) is:
26	26	(i) suffering severe and abnormal mental,
27	27	emotional, or physical distress;
28	28	(ii) experiencing substantial [mental or
29	29	physical] deterioration of the proposed patient's judgment,
30	30	reasoning, or ability to control behavior [ability to function
31	31	independently, which is exhibited by the proposed patient's
32	32	inability, except for reasons of indigence, to provide for the
33	33	proposed patient's basic needs, including food, clothing, health,
34	34	or safety]; and
35	35	(iii) unable to make a rational and
36	36	informed decision as to whether or not to submit to treatment.
37	37	(d) To be clear and convincing under Subsection (a), the
38	38	evidence must include expert testimony and, unless waived, evidence
39	39	of a recent overt act or a continuing pattern of behavior that tends
40	40	to confirm:
41	41	(1) the likelihood of serious bodily harm to the
42	42	proposed patient or others; [or]
43	43	(2) the proposed patient's inability to provide for
44	44	the proposed patient's basic needs; or
45	45	(3) the proposed patient's distress and the
46	46	deterioration of the proposed patient's ability to function.
47	47	SECTION 2. Sections 574.035(a) and (e), Health and Safety
48	48	Code, are amended to read as follows:
49	49	(a) The judge may order a proposed patient to receive
50	50	court-ordered extended inpatient mental health services only if the
51	51	jury, or the judge if the right to a jury is waived, finds, from
52	52	clear and convincing evidence, that:
53	53	(1) the proposed patient is a person with mental
54	54	illness;
55	55	(2) as a result of that mental illness the proposed
56	56	patient:
57	57	(A) is likely to cause serious bodily harm to the
58	58	proposed patient or others;
59	59	(B) is unable, except for reasons of indigence,
60	60	to provide for the proposed patient's basic needs, including food,
61	61	clothing, health, or safety [likely to cause serious harm to
62	62	others]; or
63	63	(C) is:
64	64	(i) suffering severe and abnormal mental,
65	65	emotional, or physical distress;
66	66	(ii) experiencing substantial [mental or
67	67	physical] deterioration of the proposed patient's judgment,
68	68	reasoning, or ability to control behavior [ability to function
69	69	independently, which is exhibited by the proposed patient's
70	70	inability, except for reasons of indigence, to provide for the
71	71	proposed patient's basic needs, including food, clothing, health,
72	72	or safety]; and
73	73	(iii) unable to make a rational and
74	74	informed decision as to whether or not to submit to treatment;
75	75	(3) the proposed patient's condition is expected to
76	76	continue for more than 90 days; and
77	77	(4) the proposed patient has received court-ordered
78	78	inpatient mental health services under this subtitle or under
79	79	Chapter 46B, Code of Criminal Procedure, for at least 60
80	80	consecutive days during the preceding 12 months.
81	81	(e) To be clear and convincing under Subsection (a), the
82	82	evidence must include expert testimony and evidence of a recent
83	83	overt act or a continuing pattern of behavior that tends to confirm:
84	84	(1) the likelihood of serious bodily harm to the
85	85	proposed patient or others; [or]
86	86	(2) the proposed patient's inability to provide for
87	87	the proposed patient's basic needs; or
88	88	(3) the proposed patient's distress and the
89	89	deterioration of the proposed patient's ability to function.
90	90	SECTION 3. The changes in law made by this Act to Sections
91	91	574.034 and 574.035, Health and Safety Code, apply to a proceeding
92	92	for court-ordered mental health services that occurs on or after
93	93	the effective date of this Act, regardless of when an offense with
94	94	which the defendant is charged was committed.
95	95	SECTION 4. This Act takes effect September 1, 2021.