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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria for court-ordered inpatient and extended |
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inpatient mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 574.034(a) and (d), Health and Safety |
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Code, are 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 a person with mental |
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illness; 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 bodily harm to the |
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proposed patient or others; |
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(B) is unable, except for reasons of indigence, |
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to provide for the proposed patient's basic needs, including food, |
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clothing, health, or safety [likely to cause serious harm to |
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others]; or |
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(C) is: |
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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 judgment, |
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reasoning, or ability to control behavior [ability to function |
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independently, which is exhibited by the proposed patient's |
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inability, except for reasons of indigence, to provide for the |
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proposed patient's basic needs, including food, clothing, health, |
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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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(d) To be clear and convincing under Subsection (a), the |
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evidence must include expert testimony and, unless waived, evidence |
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of a recent overt act or a continuing pattern of behavior that tends |
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to confirm: |
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(1) the likelihood of serious bodily harm to the |
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proposed patient or others; [or] |
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(2) the proposed patient's inability to provide for |
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the proposed patient's basic needs; or |
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(3) the proposed patient's distress and the |
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deterioration of the proposed patient's ability to function. |
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SECTION 2. Sections 574.035(a) and (e), Health and Safety |
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Code, are 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 |
|
|
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 a person with mental |
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illness; |
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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 bodily harm to the |
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|
proposed patient or others; |
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(B) is unable, except for reasons of indigence, |
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|
to provide for the proposed patient's basic needs, including food, |
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clothing, health, or safety [likely to cause serious harm to |
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others]; or |
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(C) is: |
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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 judgment, |
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|
reasoning, or ability to control behavior [ability to function |
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|
independently, which is exhibited by the proposed patient's |
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inability, except for reasons of indigence, to provide for the |
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proposed patient's basic needs, including food, clothing, health, |
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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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(e) To be clear and convincing under Subsection (a), the |
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evidence must include expert testimony and evidence of a recent |
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overt act or a continuing pattern of behavior that tends to confirm: |
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(1) the likelihood of serious bodily harm to the |
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proposed patient or others; [or] |
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(2) the proposed patient's inability to provide for |
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the proposed patient's basic needs; or |
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(3) the proposed patient's distress and the |
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deterioration of the proposed patient's ability to function. |
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SECTION 3. The changes in law made by this Act apply only to |
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a proceeding for court-ordered mental health services that occurs |
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on or after the effective date of this Act, regardless of when an |
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offense with which the defendant is charged was committed. |
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SECTION 4. This Act takes effect September 1, 2023. |