Texas 2023 - 88th Regular

Texas House Bill HB1464 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4522 EAS-F
2	2	By: Campos H.B. No. 1464
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to preliminary examination periods for mental health
8	8	protective custody and the criteria for and duration of certain
9	9	court-ordered mental health services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 573.021(b), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(b) A person accepted for a preliminary examination may be
14	14	detained in custody for not longer than 72 [48] hours after the time
15	15	the person is presented to the facility unless a written order for
16	16	protective custody is obtained. The 72-hour [48-hour] period
17	17	allowed by this section includes any time the patient spends
18	18	waiting in the facility for medical care before the person receives
19	19	the preliminary examination. If the 72-hour [48-hour] period ends
20	20	on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first
21	21	succeeding business day, the person may be detained until 4 p.m. on
22	22	the first succeeding business day. If the 72-hour [48-hour] period
23	23	ends at a different time, the person may be detained only until 4
24	24	p.m. on the day the 72-hour [48-hour] period ends. If extremely
25	25	hazardous weather conditions exist or a disaster occurs, the
26	26	presiding judge or magistrate may, by written order made each day,
27	27	extend by an additional 24 hours the period during which the person
28	28	may be detained. The written order must declare that an emergency
29	29	exists because of the weather or the occurrence of a disaster.
30	30	SECTION 2. Sections 574.034(a) and (d), Health and Safety
31	31	Code, are amended to read as follows:
32	32	(a) The judge may order a proposed patient to receive
33	33	court-ordered temporary inpatient mental health services only if
34	34	the judge or jury finds, from clear and convincing evidence, that:
35	35	(1) the proposed patient is a person with mental
36	36	illness; and
37	37	(2) as a result of that mental illness the proposed
38	38	patient:
39	39	(A) poses a substantial risk of causing [is
40	40	likely to cause] serious harm to the proposed patient, as evidenced
41	41	by serious threats of attempting suicide, a suicide attempt, or
42	42	other significant self-inflicted bodily harm;
43	43	(B) poses a substantial risk of causing [is
44	44	likely to cause] serious harm to others, as evidenced by violent
45	45	behavior directed toward others; [or]
46	46	(C) is:
47	47	(i) suffering severe and abnormal mental,
48	48	emotional, or physical distress;
49	49	(ii) experiencing substantial mental or
50	50	physical deterioration of the proposed patient's ability to
51	51	function independently, which is exhibited by the proposed
52	52	patient's inability, except for reasons of indigence, to provide
53	53	for the proposed patient's basic needs, including food, clothing,
54	54	health, or safety; and
55	55	(iii) unable to make a rational and
56	56	informed decision as to whether or not to submit to treatment; or
57	57	(D) is experiencing severe mental or physical
58	58	deterioration that, without immediate intervention, poses a
59	59	substantial risk of severe impairment or injury to the proposed
60	60	patient.
61	61	(d) To be clear and convincing under Subsection (a), the
62	62	evidence must include expert testimony and, unless waived, evidence
63	63	of a recent overt act or a continuing pattern of behavior that tends
64	64	to confirm:
65	65	(1) the likelihood of serious harm to the proposed
66	66	patient or others; [or]
67	67	(2) the proposed patient's distress and the
68	68	deterioration of the proposed patient's ability to function; or
69	69	(3) the severe deterioration of the proposed patient
70	70	that poses a substantial risk of impairment or injury to the
71	71	proposed patient.
72	72	SECTION 3. Section 574.0345(c), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(c) An order for temporary outpatient mental health
75	75	services shall state that treatment is authorized for not longer
76	76	than 90 [45] days, except that the order may specify a period not to
77	77	exceed 180 [90] days if the judge finds that the longer period is
78	78	necessary.
79	79	SECTION 4. Sections 574.035(a) and (e), Health and Safety
80	80	Code, are amended to read as follows:
81	81	(a) The judge may order a proposed patient to receive
82	82	court-ordered extended inpatient mental health services only if the
83	83	jury, or the judge if the right to a jury is waived, finds, from
84	84	clear and convincing evidence, that:
85	85	(1) the proposed patient is a person with mental
86	86	illness;
87	87	(2) as a result of that mental illness the proposed
88	88	patient:
89	89	(A) poses a substantial risk of causing [is
90	90	likely to cause] serious harm to the proposed patient, as evidenced
91	91	by serious threats of attempting suicide, a suicide attempt, or
92	92	other significant self-inflicted bodily harm;
93	93	(B) poses a substantial risk of causing [is
94	94	likely to cause] serious harm to others, as evidenced by violent
95	95	behavior directed toward others; [or]
96	96	(C) is:
97	97	(i) suffering severe and abnormal mental,
98	98	emotional, or physical distress;
99	99	(ii) experiencing substantial mental or
100	100	physical deterioration of the proposed patient's ability to
101	101	function independently, which is exhibited by the proposed
102	102	patient's inability, except for reasons of indigence, to provide
103	103	for the proposed patient's basic needs, including food, clothing,
104	104	health, or safety; and
105	105	(iii) unable to make a rational and
106	106	informed decision as to whether or not to submit to treatment; or
107	107	(D) is experiencing severe mental or physical
108	108	deterioration that, without immediate intervention, poses a
109	109	substantial risk of severe impairment or injury to the proposed
110	110	patient;
111	111	(3) the proposed patient's condition is expected to
112	112	continue for more than 90 days; and
113	113	(4) the proposed patient has received court-ordered
114	114	inpatient mental health services under this subtitle or under
115	115	Chapter 46B, Code of Criminal Procedure, for at least 60
116	116	consecutive days during the preceding 12 months.
117	117	(e) To be clear and convincing under Subsection (a), the
118	118	evidence must include expert testimony and evidence of a recent
119	119	overt act or a continuing pattern of behavior that tends to confirm:
120	120	(1) the likelihood of serious harm to the proposed
121	121	patient or others; [or]
122	122	(2) the proposed patient's distress and the
123	123	deterioration of the proposed patient's ability to function; or
124	124	(3) the severe deterioration of the proposed patient
125	125	that poses a substantial risk of impairment or injury to the
126	126	proposed patient.
127	127	SECTION 5. The change in law made by this Act to Section
128	128	573.021, Health and Safety Code, applies to an emergency detention
129	129	that begins on or after the effective date of this Act. An emergency
130	130	detention that begins before the effective date of this Act is
131	131	governed by the law as it existed immediately before that date, and
132	132	that law is continued in effect for that purpose.
133	133	SECTION 6. The changes in law made by this Act to Chapter
134	134	574, Health and Safety Code, apply only to a proceeding for
135	135	court-ordered mental health services that occurs on or after the
136	136	effective date of this Act, regardless of when an offense with which
137	137	the defendant is charged was committed.
138	138	SECTION 7. This Act takes effect September 1, 2023.