87R10455 JG-D
By: Rose H.B. No. 4274
A BILL TO BE ENTITLED
AN ACT
relating to the criteria for court-ordered inpatient and extended
inpatient mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 574.034(a) and (d), Health and Safety
Code, are 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 a person with mental
illness; and
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious bodily harm to the
proposed patient or others;
(B) is unable, except for reasons of indigence,
to provide for the proposed patient's basic needs, including food,
clothing, health, or safety [likely to cause serious harm to
others]; or
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial [mental or
physical] deterioration of the proposed patient's judgment,
reasoning, or ability to control behavior [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.
(d) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and, unless waived, evidence
of a recent overt act or a continuing pattern of behavior that tends
to confirm:
(1) the likelihood of serious bodily harm to the
proposed patient or others; [or]
(2) the proposed patient's inability to provide for
the proposed patient's basic needs; or
(3) the proposed patient's distress and the
deterioration of the proposed patient's ability to function.
SECTION 2. Sections 574.035(a) and (e), Health and Safety
Code, are 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 a person with mental
illness;
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious bodily harm to the
proposed patient or others;
(B) is unable, except for reasons of indigence,
to provide for the proposed patient's basic needs, including food,
clothing, health, or safety [likely to cause serious harm to
others]; or
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial [mental or
physical] deterioration of the proposed patient's judgment,
reasoning, or ability to control behavior [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.
(e) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to confirm:
(1) the likelihood of serious bodily harm to the
proposed patient or others; [or]
(2) the proposed patient's inability to provide for
the proposed patient's basic needs; or
(3) the proposed patient's distress and the
deterioration of the proposed patient's ability to function.
SECTION 3. The changes in law made by this Act to Sections
574.034 and 574.035, Health and Safety Code, apply to a proceeding
for court-ordered mental health services that occurs on or after
the effective date of this Act, regardless of when an offense with
which the defendant is charged was committed.
SECTION 4. This Act takes effect September 1, 2021.