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A BILL TO BE ENTITLED
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AN ACT
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relating to a physical and mental examination of a child subject to |
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the juvenile justice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.20(a), (b), (c), and (d), Family |
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Code, are amended to read as follows: |
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(a) At any stage of the proceedings under this title, |
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including when a child is initially detained in a facility operated |
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by the Texas Youth Commission, a pre-adjudication secure detention |
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facility, or a post-adjudication secure correctional facility, the |
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juvenile court may order a child who is referred to the juvenile |
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court or who is alleged by a petition or found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision to |
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be examined by a disinterested expert, including a physician, |
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psychiatrist, or psychologist, qualified by education and clinical |
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training in mental health or mental retardation and experienced in |
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forensic evaluation, to determine whether the child has a mental |
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illness as defined by Section 571.003, Health and Safety Code, [or] |
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is a person with mental retardation as defined by Section 591.003, |
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Health and Safety Code, or suffers from chemical dependency as |
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defined by Section 464.001, Health and Safety Code. If the |
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examination is to include a determination of the child's fitness to |
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proceed, an expert may be appointed to conduct the examination only |
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if the expert is qualified under Subchapter B, Chapter 46B, Code of |
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Criminal Procedure, to examine a defendant in a criminal case, and |
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the examination and the report resulting from an examination under |
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this subsection must comply with the requirements under Subchapter |
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B, Chapter 46B, Code of Criminal Procedure, for the examination and |
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resulting report of a defendant in a criminal case. |
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(b) If, after conducting an examination of a child ordered |
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under Subsection (a) and reviewing any other relevant information, |
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there is reason to believe that the child has a mental illness or |
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mental retardation or suffers from chemical dependency, the |
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probation department shall refer the child to the local mental |
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health or mental retardation authority or to another appropriate |
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and legally authorized agency or provider for evaluation and |
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services, unless the prosecuting attorney has filed a petition |
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under Section 53.04. |
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(c) If, while a child is under deferred prosecution |
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supervision or court-ordered probation, a qualified professional |
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determines that the child has a mental illness or mental |
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retardation or suffers from chemical dependency and the child is |
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not currently receiving treatment services for the mental illness, |
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[or] mental retardation, or chemical dependency, the probation |
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department shall refer the child to the local mental health or |
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mental retardation authority or to another appropriate and legally |
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authorized agency or provider for evaluation and services. |
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(d) A probation department shall report each referral of a |
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child to a local mental health or mental retardation authority or |
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another agency or provider made under Subsection (b) or (c) to the |
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Texas Juvenile Probation Commission in a format specified by the |
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commission. |
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SECTION 2. This Act takes effect September 1, 2011. |