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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 75(R)

HOUSE BILL 1312

HOUSE AUTHOR: Naishtat

EFFECTIVE: 9-1-97

SENATE SPONSOR: Moncrief

            Under previous law, a court was required to set a hearing on a motion to modify an order for outpatient mental health services within 72 hours of the filed motion. House Bill 1312 amends the Health and Safety Code to extend the time allowed to seven days after the motion is filed and to authorize a court to grant continuances of the hearing or to postpone a hearing in case of hazardous weather or disaster. The act authorizes the temporary detention of a patient to extend beyond 72 hours only if a hearing is held and the court, magistrate, or a designated master finds probable cause that the patient requires court-ordered temporary mental health services and detention is necessary to determine the appropriate setting for the patient's court-ordered services. The act provides that a person may not be detained in a nonmedical facility used to detain persons charged with or convicted of a crime.