| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the duration of court-ordered treatment for a person |
|
|
with a chemical dependency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Anell Borrego Act. |
|
|
SECTION 2. Section 462.069(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The court shall commit the proposed patient to a |
|
|
treatment facility approved by the department to accept court |
|
|
commitments for at least 60 days but not more than 90 days if: |
|
|
(1) the proposed patient admits the allegations of the |
|
|
application; or |
|
|
(2) at the hearing on the merits, the court or jury |
|
|
finds that the material allegations in the application have been |
|
|
proved by clear and convincing evidence. |
|
|
SECTION 3. Section 462.075(f), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(f) The court shall commit the proposed patient to a |
|
|
treatment facility approved by the department to accept commitments |
|
|
for at least 60 days but not more than 90 days if: |
|
|
(1) the proposed patient admits the allegations of the |
|
|
application; or |
|
|
(2) at the hearing on the merits, the court or jury |
|
|
finds that the material allegations in the application have been |
|
|
proved by clear and convincing evidence. |
|
|
SECTION 4. Sections 462.081(a) and (d), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) The judge of a court with jurisdiction of misdemeanor |
|
|
cases may remand the defendant to a treatment facility approved by |
|
|
the department to accept court commitments for care and treatment |
|
|
for at least 60 days but not more than 90 days, instead of |
|
|
incarceration or fine, if: |
|
|
(1) the court or a jury has found the defendant guilty |
|
|
of an offense classified as a Class A or B misdemeanor; |
|
|
(2) the court finds that the offense resulted from or |
|
|
was related to the defendant's chemical dependency; |
|
|
(3) a treatment facility approved by the department is |
|
|
available to treat the defendant; and |
|
|
(4) the treatment facility agrees in writing to admit |
|
|
the defendant under this section. |
|
|
(d) A juvenile court may remand a child to a treatment |
|
|
facility for care and treatment for at least 60 days but not more |
|
|
than 90 days after the date on which the child is remanded if: |
|
|
(1) the court finds that the child has engaged in |
|
|
delinquent conduct or conduct indicating a need for supervision and |
|
|
that the conduct resulted from or was related to the child's |
|
|
chemical dependency; |
|
|
(2) a treatment facility approved by the department to |
|
|
accept court commitments is available to treat the child; and |
|
|
(3) the facility agrees in writing to receive the |
|
|
child under this section. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
an application for court-ordered treatment for chemical dependency |
|
|
that is filed on or after the effective date of this Act. An |
|
|
application that is filed before the effective date of this Act is |
|
|
governed by the law as it existed immediately before that date, and |
|
|
that law is continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |