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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements of using certain technology to conduct |
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certain mental health hearings or proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 574.202, Health and |
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Safety Code, is amended to read as follows: |
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(a) A judge or magistrate may permit a physician or a |
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nonphysician mental health professional to testify at a hearing or |
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proceeding by closed-circuit video teleconferencing if: |
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(1) closed-circuit video teleconferencing is |
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available to the judge or magistrate for that purpose; |
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(2) the proposed patient and the attorney representing |
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the proposed patient do not file with the court a written objection |
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to the use of closed-circuit video teleconferencing; |
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(3) the closed-circuit video teleconferencing system |
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provides for a simultaneous, compressed full-motion video and |
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interactive communication of image and sound between all persons |
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involved in the hearing; [and] |
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(4) on request of the proposed patient, the proposed |
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patient and the proposed patient's attorney can communicate |
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privately without being recorded or heard by the judge or |
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magistrate or by the attorney representing the state; and |
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(5) the proposed patient is in the same location for |
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the hearing or proceeding as the proposed patient's attorney. |
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SECTION 2. Subsection (a), Section 574.203, Health and |
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Safety Code, is amended to read as follows: |
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(a) A hearing may be conducted in accordance with this |
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chapter but conducted by secure electronic means, including |
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satellite transmission, closed-circuit television transmission, or |
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any other method of two-way electronic communication that is |
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secure, available to the parties, approved by the court, and |
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capable of visually and audibly recording the proceedings, if: |
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(1) written consent to the use of a secure electronic |
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communication method for the hearing is filed with the court by: |
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(A) the proposed patient or the attorney |
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representing the proposed patient; and |
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(B) the county or district attorney, as |
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appropriate; |
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(2) the secure electronic communication method |
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provides for a simultaneous, compressed full-motion video, and |
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interactive communication of image and sound among the judge or |
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associate judge, the county or district attorney, the attorney |
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representing the proposed patient, and the proposed patient; [and] |
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(3) on request of the proposed patient or the attorney |
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representing the proposed patient, the proposed patient and the |
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attorney can communicate privately without being recorded or heard |
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by the judge or associate judge or by the county or district |
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attorney; and |
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(4) the proposed patient is in the same location for |
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the hearing as the proposed patient's attorney. |
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SECTION 3. This Act takes effect September 1, 2013. |