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A BILL TO BE ENTITLED
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AN ACT
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relating to a mental examination of a child subject to the juvenile |
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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 pre-adjudication |
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secure detention facility or a post-adjudication secure |
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correctional facility, the juvenile court may, at its discretion or |
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at the request of the child's parent or guardian, order a child who |
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is referred to the juvenile court or who is alleged by a petition or |
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found to have engaged in delinquent conduct or conduct indicating a |
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need for supervision to be examined by a disinterested expert, |
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including a physician, psychiatrist, or psychologist, qualified by |
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education and clinical training in mental health or mental |
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retardation and experienced in forensic evaluation, to determine |
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whether the child has a mental illness as defined by Section |
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571.003, Health and Safety Code, [or] is a person with mental |
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retardation as defined by Section 591.003, Health and Safety Code, |
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or suffers from chemical dependency as defined by Section 464.001, |
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Health and Safety Code. If the examination is to include a |
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determination of the child's fitness to proceed, an expert may be |
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appointed to conduct the examination only if the expert is |
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qualified under Subchapter B, Chapter 46B, Code of Criminal |
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Procedure, to examine a defendant in a criminal case, and the |
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examination and the report resulting from an examination under this |
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subsection must comply with the requirements under Subchapter B, |
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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 Justice Department [Texas Juvenile Probation
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Commission] in a format specified by the department [commission]. |
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SECTION 2. This Act takes effect September 1, 2013. |