| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of an electronic broadcast system to conduct |
|
|
certain hearings regarding court-ordered mental health services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter I, Chapter 574, Health |
|
|
and Safety Code, is amended to read as follows: |
|
|
SUBCHAPTER I. USE OF VIDEO TECHNOLOGY [TESTIMONY BY CLOSED-CIRCUIT
|
|
|
VIDEO TELECONFERENCING] AT PROCEEDINGS |
|
|
SECTION 2. Subchapter I, Chapter 574, Health and Safety |
|
|
Code, is amended by adding Section 574.203 to read as follows: |
|
|
Sec. 574.203. USE OF ELECTRONIC BROADCAST SYSTEM IN CERTAIN |
|
|
PROCEEDINGS UNDER THIS CHAPTER. (a) A hearing may be conducted in |
|
|
accordance with this chapter but by using an electronic broadcast |
|
|
system if: |
|
|
(1) written consent to the use of an electronic |
|
|
broadcast system for the hearing is filed with the court by: |
|
|
(A) the proposed patient or the attorney |
|
|
representing the proposed patient; and |
|
|
(B) the county or district attorney, as |
|
|
appropriate; |
|
|
(2) the electronic broadcast system provides for a |
|
|
simultaneous, compressed full motion video, and interactive |
|
|
communication of image and sound among the judge, the county or |
|
|
district attorney, the attorney representing the proposed patient, |
|
|
and the proposed patient; and |
|
|
(3) on request of the proposed patient or the attorney |
|
|
representing the proposed patient, the proposed patient and the |
|
|
attorney can communicate privately without being recorded or heard |
|
|
by the judge or the county or district attorney. |
|
|
(b) On the motion of the patient or proposed patient, the |
|
|
attorney representing the patient or proposed patient, or the |
|
|
county or district attorney or on the court's own motion, the court |
|
|
may terminate an appearance made through an electronic broadcast |
|
|
system at any time during the appearance and require an appearance |
|
|
by the patient or proposed patient in open court. |
|
|
(c) The court shall provide for a recording of the |
|
|
communication to be made and preserved until any appellate |
|
|
proceedings have been concluded. The patient or proposed patient |
|
|
may obtain a copy of the recording on payment of a reasonable amount |
|
|
to cover the costs of reproduction or, if the patient or proposed |
|
|
patient is indigent, the court shall provide a copy to the patient |
|
|
or proposed patient without charging a cost for the copy. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |