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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an electronic broadcast system to conduct |
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certain hearings regarding court-ordered mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001, Health and Safety Code is |
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amended by adding Subsection (2) to read as follows: (2) |
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"Closed-Circuit Video Teleconferencing" means the same as provided |
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in Subchapter I. Section 574.202(3). |
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SECTION 2. Section 573.012 (a), Health and Safety Code is |
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amended by adding the following language: (a) An applicant for |
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emergency detention must present the application personally or by |
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means of closed circuit video teleconferencing to a judge or |
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magistrate. The judge or magistrate shall examine the application |
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and may interview the applicant. Except as provided by Subsection |
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(g), the judge of a court with probate jurisdiction by |
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administrative order may provide that the application must be: (1) |
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presented personally to the court; or (2) retained by court staff |
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and presented to another judge or magistrate as soon as is |
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practicable if the judge of the court is not available at the time |
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the application is presented. |
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SECTION 3. The heading to Subchapter I, Chapter 574, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER I. USE OF VIDEO TECHNOLOGY [TESTIMONY BY CLOSED-CIRCUIT
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VIDEO TELECONFERENCING] AT PROCEEDINGS |
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SECTION 4. Subchapter I, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.203 to read as follows: |
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Sec. 574.203. USE OF ELECTRONIC BROADCAST SYSTEM IN CERTAIN |
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PROCEEDINGS UNDER THIS CHAPTER. (a) A hearing may be conducted in |
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accordance with this chapter but by using an electronic broadcast |
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system if: |
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(1) written consent to the use of an electronic |
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broadcast system for the hearing is filed with the court by: |
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(A) the proposed patient or the attorney |
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representing the proposed patient; and |
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(B) the county or district attorney, as |
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appropriate; |
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(2) the electronic broadcast system provides for a |
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simultaneous, compressed full motion video, and interactive |
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communication of image and sound among the judge, the county or |
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district attorney, the attorney representing the proposed patient, |
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and the proposed patient; and |
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(3) on request of the proposed patient or the attorney |
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representing the proposed patient, the proposed patient and the |
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attorney can communicate privately without being recorded or heard |
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by the judge or the county or district attorney. |
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(b) On the motion of the patient or proposed patient, the |
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attorney representing the patient or proposed patient, or the |
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county or district attorney or on the court's own motion, the court |
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may terminate an appearance made through an electronic broadcast |
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system at any time during the appearance and require an appearance |
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by the patient or proposed patient in open court. |
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(c) The court shall provide for a recording of the |
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communication to be made and preserved until any appellate |
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proceedings have been concluded. The patient or proposed patient |
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may obtain a copy of the recording on payment of a reasonable amount |
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to cover the costs of reproduction or, if the patient or proposed |
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patient is indigent, the court shall provide a copy to the patient |
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or proposed patient without charging a cost for the copy. |
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SECTION 5. This Act takes effect September 1, 2007. |