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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 communication method to |
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conduct certain hearings regarding court-ordered mental health |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. 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 COMMUNICATION METHOD IN |
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CERTAIN PROCEEDINGS UNDER THIS CHAPTER. (a) A hearing may be |
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conducted in accordance with this chapter but conducted by |
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electronic means, including satellite transmission, closed-circuit |
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television transmission, or any other method of two-way electronic |
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communication that is available to the parties and approved by the |
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court, and capable of visually and audibly recording the |
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proceedings, if: |
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(1) written consent to the use of an electronic |
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communication method 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 communication method 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, associate judge, |
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or master, the county or district attorney, the attorney |
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representing the proposed patient, 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, associate judge, or master or the county or district |
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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 |
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communication method at any time during the appearance and require |
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an appearance 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 3. This Act takes effect September 1, 2007. |