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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria for commitment of a person with mental |
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illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.003, Health and Safety Code, is |
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amended by adding Subdivision (7-a) to read as follows: |
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(7-a) "Gravely disabled" means a person who, as a |
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result of mental illness, is: |
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(A) suffering severe and ongoing mental, |
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emotional, or physical distress; |
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(B) in danger of serious physical harm or serious |
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illness due to the person's inability to function independently, |
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which is exhibited by the person's inability due to mental illness, |
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except for reasons of indigence, to provide for the person's basic |
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needs, including food, clothing, shelter, medical care, health, or |
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safety; and |
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(C) unable to make a rational and informed |
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decision as to whether to submit to treatment. |
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SECTION 2. Section 573.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT |
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WARRANT. (a) A peace officer, without a warrant, may take a person |
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into custody if the officer: |
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(1) has reason to believe and does believe that: |
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(A) the person is mentally ill; and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or to others unless |
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the person is immediately restrained; and |
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(2) believes that there is not sufficient time to |
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obtain a warrant before taking the person into custody. |
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(b) A substantial risk of serious harm to the person or |
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others under Subsection (a)(1)(B) may be demonstrated by: |
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(1) the person's behavior; or |
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(2) the person being gravely disabled [evidence of
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severe emotional distress and deterioration in the proposed
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patient's mental condition] to the extent that the person cannot |
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remain at liberty. |
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(c) The peace officer may form the belief that the person |
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meets the criteria for apprehension: |
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(1) from a representation of a credible person; or |
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(2) on the basis of the conduct of the apprehended |
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person or the circumstances under which the apprehended person is |
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found. |
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(d) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately transport the apprehended person |
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to: |
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(1) the nearest appropriate inpatient mental health |
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facility; or |
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(2) a mental health facility deemed suitable by the |
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local mental health authority, if an appropriate inpatient mental |
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health facility is not available. |
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(e) A jail or similar detention facility may not be deemed |
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suitable except in an extreme emergency. |
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(f) A person detained in a jail or a nonmedical facility |
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shall be kept separate from any person who is charged with or |
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convicted of a crime. |
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SECTION 3. Section 574.022, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 574.022. ISSUANCE OF ORDER. (a) The judge or |
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designated magistrate may issue a protective custody order if the |
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judge or magistrate determines: |
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(1) that a physician has stated his opinion and the |
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detailed reasons for his opinion that the proposed patient is |
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mentally ill; and |
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(2) the proposed patient presents a substantial risk |
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of serious harm to himself or others if not immediately restrained |
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pending the hearing. |
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(b) The determination that the proposed patient presents a |
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substantial risk of serious harm may be demonstrated by the |
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proposed patient's behavior or by the person being gravely disabled |
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[evidence of severe emotional distress and deterioration in the
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proposed patient's mental condition] to the extent that the |
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proposed patient cannot remain at liberty. |
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(c) The judge or magistrate may make a determination that |
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the proposed patient meets the criteria prescribed by Subsection |
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(a) from the application and certificate alone if the judge or |
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magistrate determines that the conclusions of the applicant and |
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certifying physician are adequately supported by the information |
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provided. |
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(d) The judge or magistrate may take additional evidence if |
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a fair determination of the matter cannot be made from |
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consideration of the application and certificate only. |
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(e) The judge or magistrate may issue a protective custody |
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order for a proposed patient who is charged with a criminal offense |
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if the proposed patient meets the requirements of this section and |
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the facility administrator designated to detain the proposed |
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patient agrees to the detention. |
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SECTION 4. Section 574.034(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The judge may order a proposed patient to receive |
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court-ordered temporary inpatient mental health services only if |
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the judge or jury finds, from clear and convincing evidence, that: |
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(1) the proposed patient is mentally ill; and |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) is likely to cause serious harm to himself; |
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(B) is likely to cause serious harm to others; or |
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(C) is gravely disabled[:
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[(i)
suffering severe and abnormal mental,
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emotional, or physical distress;
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[(ii)
experiencing substantial mental or
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physical deterioration of the proposed patient's ability to
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function independently, which is exhibited by the proposed
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patient's inability, except for reasons of indigence, to provide
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for the proposed patient's basic needs, including food, clothing,
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health, or safety; and
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[(iii)
unable to make a rational and
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informed decision as to whether or not to submit to treatment]. |
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SECTION 5. Section 574.035(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The judge may order a proposed patient to receive |
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court-ordered extended inpatient mental health services only if the |
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jury, or the judge if the right to a jury is waived, finds, from |
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clear and convincing evidence, that: |
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(1) the proposed patient is mentally ill; |
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(2) as a result of that mental illness the proposed |
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patient: |
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(A) is likely to cause serious harm to himself; |
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(B) is likely to cause serious harm to others; or |
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(C) is gravely disabled[:
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[(i)
suffering severe and abnormal mental,
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emotional, or physical distress;
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[(ii)
experiencing substantial mental or
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physical deterioration of the proposed patient's ability to
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function independently, which is exhibited by the proposed
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patient's inability, except for reasons of indigence, to provide
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for the proposed patient's basic needs, including food, clothing,
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health, or safety; and
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[(iii)
unable to make a rational and
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informed decision as to whether or not to submit to treatment]; |
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(3) the proposed patient's condition is expected to |
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continue for more than 90 days; and |
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(4) the proposed patient has received court-ordered |
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inpatient mental health services under this subtitle or under |
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Chapter 46B, Code of Criminal Procedure, for at least 60 |
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consecutive days during the preceding 12 months. |
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SECTION 6. This Act takes effect September 1, 2013. |