By Naishtat H.B. No. 2702
74R898 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court-ordered inpatient and outpatient mental health
1-3 services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 574.034, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 574.034. Order for Temporary Mental Health Services.
1-8 (a) The judge <or jury> may order <determine that> a proposed
1-9 patient to receive <requires> court-ordered temporary inpatient
1-10 mental health services only if the judge or jury finds, from clear
1-11 and convincing evidence, that:
1-12 (1) the proposed patient is mentally ill; and
1-13 (2) as a result of that mental illness the proposed
1-14 patient:
1-15 (A) is likely to cause serious harm to himself;
1-16 or
1-17 (B) is likely to cause serious harm to others<;
1-18 or>
1-19 <(C) will, if not treated, continue to suffer
1-20 severe and abnormal mental, emotional, or physical distress, will
1-21 continue to experience deterioration of his ability to function
1-22 independently, and is unable to make a rational and informed
1-23 decision as to whether or not to submit to treatment>.
1-24 (b) The judge may order a proposed patient to receive
2-1 court-ordered outpatient temporary mental health services only if
2-2 the judge or jury finds, from clear and convincing evidence, that:
2-3 (1) the proposed patient is mentally ill;
2-4 (2) the mental illness is chronic in nature;
2-5 (3) as a result of the mental illness the proposed
2-6 patient will, if not treated, continue to suffer severe and
2-7 abnormal mental, emotional, or physical distress and will continue
2-8 to experience deterioration of the ability to function
2-9 independently; and
2-10 (4) the proposed patient is able to make a rational
2-11 and informed decision as to whether or not to submit to outpatient
2-12 treatment but has shown an inability to participate effectively and
2-13 voluntarily in outpatient treatment services based on the proposed
2-14 patient's actions during the preceding two years.
2-15 (c) If the judge or jury finds that the proposed patient
2-16 meets the commitment criteria prescribed by Subsection (a), the
2-17 <(b) The> judge or jury must specify which criterion listed
2-18 in Subsection (a)(2) forms the basis for the decision.
2-19 (d) <(c)> To be clear and convincing under Subsection (a)
2-20 <this section>, the evidence must include expert testimony and,
2-21 unless waived, evidence of a recent overt act or a continuing
2-22 pattern of behavior that tends to confirm the likelihood of serious
2-23 harm to the proposed patient or others. To be clear and convincing
2-24 under Subsection (b), the evidence must include expert testimony
2-25 and, unless waived, evidence of a recent overt act or a continuing
2-26 pattern of behavior that tends to confirm <or> the proposed
2-27 patient's distress, <and> the deterioration of ability to function,
3-1 and the inability to participate effectively and voluntarily in
3-2 outpatient treatment services.
3-3 (e) <(d)> The proposed patient and the proposed patient's
3-4 attorney, by a written document filed with the court, may waive the
3-5 right to cross-examine witnesses, and, if that right is waived, the
3-6 court may admit, as evidence, the certificates of medical
3-7 examination for mental illness. The certificates admitted under
3-8 this subsection constitute competent medical or psychiatric
3-9 testimony, and the court may make its findings solely from the
3-10 certificates. If the proposed patient and the proposed patient's
3-11 attorney do not waive in writing the right to cross-examine
3-12 witnesses, the court shall proceed to hear testimony. The
3-13 testimony must include competent medical or psychiatric testimony.
3-14 In addition, the court may consider the testimony of a nonphysician
3-15 mental health professional as provided by Section 574.031(f).
3-16 (f) <(e)> An order for temporary mental health services
3-17 shall state that treatment is authorized for not longer than 90
3-18 days. The order may not specify a shorter period.
3-19 (g) <(f)> A judge may not issue an order for temporary
3-20 mental health services for a proposed patient who is charged with a
3-21 criminal offense.
3-22 (h) A judge may require, as a condition of outpatient
3-23 treatment, that the proposed patient:
3-24 (1) receive psychoactive treatment;
3-25 (2) participate in counseling at a mental health
3-26 authority; and
3-27 (3) refrain from the use of alcohol or illicit drugs.
4-1 SECTION 2. Section 574.035, Health and Safety Code, is
4-2 amended to read as follows:
4-3 Sec. 574.035. Order for Extended Mental Health Services.
4-4 (a) The <jury, or the> judge <if the right to a jury is waived,>
4-5 may order <determine that> a proposed patient to receive <requires>
4-6 court-ordered inpatient extended mental health services only if the
4-7 jury or the judge, if the right to a jury is waived, finds, from
4-8 clear and convincing evidence, that:
4-9 (1) the proposed patient is mentally ill;
4-10 (2) as a result of that mental illness the proposed
4-11 patient:
4-12 (A) is likely to cause serious harm to himself;
4-13 or
4-14 (B) is likely to cause serious harm to others<;
4-15 or>
4-16 <(C) will, if not treated, continue to suffer
4-17 severe and abnormal mental, emotional, or physical distress, will
4-18 continue to experience deterioration of his ability to function
4-19 independently, and is unable to make a rational and informed
4-20 decision as to whether or not to submit to treatment>;
4-21 (3) the proposed patient's condition is expected to
4-22 continue for more than 90 days; and
4-23 (4) the proposed patient has received court-ordered
4-24 inpatient mental health services under this subtitle or under
4-25 Section 5, Article 46.02, Code of Criminal Procedure, for at least
4-26 60 consecutive days during the preceding 12 months.
4-27 (b) The judge may order a proposed patient to receive
5-1 court-ordered outpatient extended mental health services only if
5-2 the jury or the judge, if the right to a jury is waived, finds,
5-3 from clear and convincing evidence, that:
5-4 (1) the proposed patient is mentally ill;
5-5 (2) the mental illness is chronic in nature;
5-6 (3) as a result of the mental illness the proposed
5-7 patient will, if not treated, continue to suffer severe and
5-8 abnormal mental, emotional, or physical distress and will continue
5-9 to experience deterioration of the ability to function
5-10 independently;
5-11 (4) the proposed patient is able to make a rational
5-12 and informed decision as to whether or not to submit to treatment
5-13 but has shown an inability to participate effectively or
5-14 voluntarily in outpatient treatment services based on the proposed
5-15 patient's actions during the preceding two years;
5-16 (5) the proposed patient's condition is expected to
5-17 continue for more than 90 days if not treated; and
5-18 (6) the proposed patient has received court-ordered
5-19 inpatient mental health services under this subtitle or under
5-20 Section 5, Article 46.02, Code of Criminal Procedure, for at least
5-21 60 consecutive days during the preceding 12 months.
5-22 (c) If the jury or judge finds that the proposed patient
5-23 meets the commitment criteria prescribed by Subsection (a), the
5-24 <(b) The> jury or judge must specify which criterion listed
5-25 in Subsection (a)(2) forms the basis for the decision.
5-26 (d) <(c)> The jury or judge is not required to make the
5-27 finding under Subsection (a)(4) or (b)(6) if the proposed patient
6-1 has already been subject to an order for extended mental health
6-2 services.
6-3 (e) <(d)> To be clear and convincing under Subsection (a)
6-4 <this section>, the evidence must include expert testimony and
6-5 evidence of a recent overt act or a continuing pattern of behavior
6-6 that tends to confirm the likelihood of serious harm to the
6-7 proposed patient or others. To be clear and convincing under
6-8 Subsection (b), the evidence must include expert testimony and
6-9 evidence of a recent overt act or continuing pattern of behavior
6-10 that tends to confirm <or> the proposed patient's distress, <and>
6-11 the deterioration of ability to function, and the inability to
6-12 participate effectively and voluntarily in outpatient treatment
6-13 services.
6-14 (f) <(e)> The court may not make its findings solely from
6-15 the certificates of medical examination for mental illness but
6-16 shall hear testimony. The court may not enter an order for
6-17 extended mental health services unless appropriate findings are
6-18 made and are supported by testimony taken at the hearing. The
6-19 testimony must include competent medical or psychiatric testimony.
6-20 (g) <(f)> An order for extended mental health services shall
6-21 state that treatment is authorized for not longer than 12 months.
6-22 The order may not specify a shorter period.
6-23 (h) <(g)> A judge may not issue an order for extended mental
6-24 health services for a proposed patient who is charged with a
6-25 criminal offense.
6-26 (i) A judge may require, as a condition of outpatient
6-27 treatment, that the proposed patient:
7-1 (1) receive psychoactive treatment;
7-2 (2) participate in counseling at a mental health
7-3 authority; and
7-4 (3) refrain from the use of alcohol or illicit drugs.
7-5 SECTION 3. Section 574.036(e), Health and Safety Code, is
7-6 amended to read as follows:
7-7 (e) The judge may enter an order:
7-8 (1) committing the person to a mental health facility
7-9 for inpatient care if the trier of fact finds that the person meets
7-10 the commitment criteria prescribed by Section 574.034(a) or
7-11 574.035(a); or
7-12 (2) requiring the person to participate in other
7-13 mental health services, including community center programs and
7-14 services provided by a private psychiatrist or psychologist if the
7-15 trier of fact finds that the person meets the commitment criteria
7-16 prescribed by Section 574.034(b) or 574.035(b).
7-17 SECTION 4. Section 574.065(a), Health and Safety Code, is
7-18 amended to read as follows:
7-19 (a) The court may modify an order for outpatient services at
7-20 the modification hearing if the court determines that the patient
7-21 has not complied with the court's order and meets <continues to
7-22 meet> the applicable criteria for court-ordered mental health
7-23 services prescribed by Section 574.034(a) <574.034> or 574.035(a)
7-24 <574.035 and that:>
7-25 <(1) the patient has not complied with the court's
7-26 order; or>
7-27 <(2) the patient's condition has deteriorated to the
8-1 extent that outpatient services are no longer appropriate>.
8-2 SECTION 5. This Act takes effect September 1, 1995, and
8-3 applies to a commitment proceeding that begins on or after that
8-4 date. A commitment proceeding that begins before the effective
8-5 date of this Act is governed by the law in existence on the date
8-6 the proceeding began, and that law is continued in effect for that
8-7 purpose.
8-8 SECTION 6. The importance of this legislation and the
8-9 crowded condition of the calendars in both houses create an
8-10 emergency and an imperative public necessity that the
8-11 constitutional rule requiring bills to be read on three several
8-12 days in each house be suspended, and this rule is hereby suspended.