Bill Text: TX HB726 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the criteria for court-ordered inpatient and extended inpatient mental health services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-28 - Referred to Judiciary & Civil Jurisprudence [HB726 Detail]

Download: Texas-2023-HB726-Introduced.html
  88R2928 EAS-D
 
  By: Rose H.B. No. 726
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criteria for court-ordered inpatient and extended
  inpatient mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 574.034(a) and (d), Health and Safety
  Code, are amended to read as follows:
         (a)  The judge may order a proposed patient to receive
  court-ordered temporary inpatient mental health services only if
  the judge or jury finds, from clear and convincing evidence, that:
               (1)  the proposed patient is a person with mental
  illness; and
               (2)  as a result of that mental illness the proposed
  patient:
                     (A)  is likely to cause serious bodily harm to the
  proposed patient or others;
                     (B)  is unable, except for reasons of indigence,
  to provide for the proposed patient's basic needs, including food,
  clothing, health, or safety [likely to cause serious harm to
  others]; or
                     (C)  is:
                           (i)  suffering severe and abnormal mental,
  emotional, or physical distress;
                           (ii)  experiencing substantial [mental or
  physical] deterioration of the proposed patient's judgment,
  reasoning, or ability to control behavior [ability to function
  independently, which is exhibited by the proposed patient's
  inability, except for reasons of indigence, to provide for the
  proposed patient's basic needs, including food, clothing, health,
  or safety]; and
                           (iii)  unable to make a rational and
  informed decision as to whether or not to submit to treatment.
         (d)  To be clear and convincing under Subsection (a), the
  evidence must include expert testimony and, unless waived, evidence
  of a recent overt act or a continuing pattern of behavior that tends
  to confirm:
               (1)  the likelihood of serious bodily harm to the
  proposed patient or others; [or]
               (2)  the proposed patient's inability to provide for
  the proposed patient's basic needs; or
               (3)  the proposed patient's distress and the
  deterioration of the proposed patient's ability to function.
         SECTION 2.  Sections 574.035(a) and (e), Health and Safety
  Code, are amended to read as follows:
         (a)  The judge may order a proposed patient to receive
  court-ordered extended inpatient mental health services only if the
  jury, or the judge if the right to a jury is waived, finds, from
  clear and convincing evidence, that:
               (1)  the proposed patient is a person with mental
  illness;
               (2)  as a result of that mental illness the proposed
  patient:
                     (A)  is likely to cause serious bodily harm to the
  proposed patient or others;
                     (B)  is unable, except for reasons of indigence,
  to provide for the proposed patient's basic needs, including food,
  clothing, health, or safety [likely to cause serious harm to
  others]; or
                     (C)  is:
                           (i)  suffering severe and abnormal mental,
  emotional, or physical distress;
                           (ii)  experiencing substantial [mental or
  physical] deterioration of the proposed patient's judgment,
  reasoning, or ability to control behavior [ability to function
  independently, which is exhibited by the proposed patient's
  inability, except for reasons of indigence, to provide for the
  proposed patient's basic needs, including food, clothing, health,
  or safety]; and
                           (iii)  unable to make a rational and
  informed decision as to whether or not to submit to treatment;
               (3)  the proposed patient's condition is expected to
  continue for more than 90 days; and
               (4)  the proposed patient has received court-ordered
  inpatient mental health services under this subtitle or under
  Chapter 46B, Code of Criminal Procedure, for at least 60
  consecutive days during the preceding 12 months.
         (e)  To be clear and convincing under Subsection (a), the
  evidence must include expert testimony and evidence of a recent
  overt act or a continuing pattern of behavior that tends to confirm:
               (1)  the likelihood of serious bodily harm to the
  proposed patient or others; [or]
               (2)  the proposed patient's inability to provide for
  the proposed patient's basic needs; or
               (3)  the proposed patient's distress and the
  deterioration of the proposed patient's ability to function.
         SECTION 3.  The changes in law made by this Act apply only to
  a proceeding for court-ordered mental health services that occurs
  on or after the effective date of this Act, regardless of when an
  offense with which the defendant is charged was committed.
         SECTION 4.  This Act takes effect September 1, 2023.
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