Texas 2023 - 88th Regular

Texas Senate Bill SB362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2806 MCF-D
2	2	By: Zaffirini S.B. No. 362
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the terminology used in statute to refer to
8	8	intellectual disability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 51.20(a), (b), (c), and (d), Family
11	11	Code, are amended to read as follows:
12	12	(a) At any stage of the proceedings under this title,
13	13	including when a child is initially detained in a pre-adjudication
14	14	secure detention facility or a post-adjudication secure
15	15	correctional facility, the juvenile court may, at its discretion or
16	16	at the request of the child's parent or guardian, order a child who
17	17	is referred to the juvenile court or who is alleged by a petition or
18	18	found to have engaged in delinquent conduct or conduct indicating a
19	19	need for supervision to be examined by a disinterested expert,
20	20	including a physician, psychiatrist, or psychologist, qualified by
21	21	education and clinical training in mental health or intellectual
22	22	and developmental disabilities [mental retardation] and
23	23	experienced in forensic evaluation, to determine whether the child
24	24	has a mental illness as defined by Section 571.003, Health and
25	25	Safety Code, is a person with an intellectual disability [mental
26	26	retardation] as defined by Section 591.003, Health and Safety Code,
27	27	or suffers from chemical dependency as defined by Section 464.001,
28	28	Health and Safety Code. If the examination is to include a
29	29	determination of the child's fitness to proceed, an expert may be
30	30	appointed to conduct the examination only if the expert is
31	31	qualified under Subchapter B, Chapter 46B, Code of Criminal
32	32	Procedure, to examine a defendant in a criminal case, and the
33	33	examination and the report resulting from an examination under this
34	34	subsection must comply with the requirements under Subchapter B,
35	35	Chapter 46B, Code of Criminal Procedure, for the examination and
36	36	resulting report of a defendant in a criminal case.
37	37	(b) If, after conducting an examination of a child ordered
38	38	under Subsection (a) and reviewing any other relevant information,
39	39	there is reason to believe that the child has a mental illness or an
40	40	intellectual disability [mental retardation] or suffers from
41	41	chemical dependency, the probation department shall refer the child
42	42	to the local mental health authority or local intellectual and
43	43	developmental disability [mental retardation] authority or to
44	44	another appropriate and legally authorized agency or provider for
45	45	evaluation and services, unless the prosecuting attorney has filed
46	46	a petition under Section 53.04.
47	47	(c) If, while a child is under deferred prosecution
48	48	supervision or court-ordered probation, a qualified professional
49	49	determines that the child has a mental illness or an intellectual
50	50	disability [mental retardation] or suffers from chemical
51	51	dependency and the child is not currently receiving treatment
52	52	services for the mental illness, intellectual disability [mental
53	53	retardation], or chemical dependency, the probation department
54	54	shall refer the child to the local mental health authority or local
55	55	intellectual and developmental disability [mental retardation]
56	56	authority or to another appropriate and legally authorized agency
57	57	or provider for evaluation and services.
58	58	(d) A probation department shall report each referral of a
59	59	child to a local mental health authority or local intellectual and
60	60	developmental disability [mental retardation] authority or another
61	61	agency or provider made under Subsection (b) or (c) to the Texas
62	62	Juvenile Justice Department in a format specified by the
63	63	department.
64	64	SECTION 2. Section 54.0408, Family Code, is amended to read
65	65	as follows:
66	66	Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL
67	67	HEALTH AUTHORITY OR INTELLECTUAL AND DEVELOPMENTAL DISABILITY
68	68	[MENTAL RETARDATION] AUTHORITY. A juvenile probation officer shall
69	69	refer a child who has been determined to have a mental illness or an
70	70	intellectual disability [mental retardation] to an appropriate
71	71	local mental health authority or local intellectual and
72	72	developmental disability [mental retardation] authority at least
73	73	three months before the child is to complete the child's juvenile
74	74	probation term unless the child is currently receiving treatment
75	75	from the local mental health authority or local intellectual and
76	76	developmental disability [mental retardation] authority of the
77	77	county in which the child resides.
78	78	SECTION 3. Section 58.0051(a)(2), Family Code, is amended
79	79	to read as follows:
80	80	(2) "Juvenile service provider" means a governmental
81	81	entity that provides juvenile justice or prevention, medical,
82	82	educational, or other support services to a juvenile. The term
83	83	includes:
84	84	(A) a state or local juvenile justice agency as
85	85	defined by Section 58.101;
86	86	(B) health and human services agencies, as
87	87	defined by Section 531.001, Government Code, and the Health and
88	88	Human Services Commission;
89	89	(C) the Department of Family and Protective
90	90	Services;
91	91	(D) the Department of Public Safety;
92	92	(E) the Texas Education Agency;
93	93	(F) an independent school district;
94	94	(G) a juvenile justice alternative education
95	95	program;
96	96	(H) a charter school;
97	97	(I) a local mental health authority or local
98	98	intellectual and developmental disability [mental retardation]
99	99	authority;
100	100	(J) a court with jurisdiction over juveniles;
101	101	(K) a district attorney's office;
102	102	(L) a county attorney's office; and
103	103	(M) a children's advocacy center established
104	104	under Section 264.402.
105	105	SECTION 4. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2023.