BILL ANALYSIS |
C.S.H.B. 1947 |
By: Burkett |
Human Services |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
There are several circumstances under which a person with mental illness can be detained and committed by a court for mental health treatment. Interested parties assert that some jurisdictions allow individuals to be committed if their condition is likely to deteriorate and contend that this standard has created vagueness and confusion in the detention and commitment process because it relies on making predictions about the person's future condition rather than assessing the person's current state. As a result, individuals may be inappropriately detained and committed, which can add unnecessary expense to a state's mental health system. C.S.H.B. 1947 seeks to address these concerns.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1947 amends the Health and Safety Code to define "gravely disabled" as a person who, as a result of mental illness, is suffering severe and ongoing mental, emotional, or physical distress; is in danger of serious physical harm or serious illness due to the person's inability to function independently, which is exhibited by the person's inability due to mental illness, except for reasons of indigence, to provide for the person's basic needs, including food, clothing, shelter, medical care, health, or safety; and is unable to make a rational and informed decision as to whether to submit to treatment.
C.S.H.B. 1947 revises the criteria that demonstrates to a peace officer that a person poses substantial risk of serious harm to the person or others, authorizing apprehension without a warrant, and criteria that demonstrates to a judge or designated magistrate that a proposed patient presents a substantial risk of serious harm to the person or others, authorizing the issuance of a protective custody order, to include that the person is gravely disabled to the extent that the person cannot remain at liberty. The bill revises the conditions under which a court may order temporary inpatient mental health services or extended inpatient mental health services to include that the person is gravely disabled.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1947 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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