Bill Text: TX SB250 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the requirements of using certain technology to conduct certain mental health hearings or proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-05-06 - Left pending in committee [SB250 Detail]
Download: Texas-2013-SB250-Engrossed.html
By: West | S.B. No. 250 |
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relating to the requirements of using certain technology to conduct | ||
certain mental health hearings or proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 574.202, Health and | ||
Safety Code, is amended to read as follows: | ||
(a) A judge or magistrate may permit a physician or a | ||
nonphysician mental health professional to testify at a hearing or | ||
proceeding by closed-circuit video teleconferencing if: | ||
(1) closed-circuit video teleconferencing is | ||
available to the judge or magistrate for that purpose; | ||
(2) the proposed patient and the attorney representing | ||
the proposed patient do not file with the court a written objection | ||
to the use of closed-circuit video teleconferencing; | ||
(3) the closed-circuit video teleconferencing system | ||
provides for a simultaneous, compressed full-motion video and | ||
interactive communication of image and sound between all persons | ||
involved in the hearing; [ |
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(4) on request of the proposed patient, the proposed | ||
patient and the proposed patient's attorney can communicate | ||
privately without being recorded or heard by the judge or | ||
magistrate or by the attorney representing the state; and | ||
(5) the proposed patient is in the same location for | ||
the hearing or proceeding as the proposed patient's attorney. | ||
SECTION 2. Subsection (a), Section 574.203, Health and | ||
Safety Code, is amended to read as follows: | ||
(a) A hearing may be conducted in accordance with this | ||
chapter but conducted by secure electronic means, including | ||
satellite transmission, closed-circuit television transmission, or | ||
any other method of two-way electronic communication that is | ||
secure, available to the parties, approved by the court, and | ||
capable of visually and audibly recording the proceedings, if: | ||
(1) written consent to the use of a secure electronic | ||
communication method for the hearing is filed with the court by: | ||
(A) the proposed patient or the attorney | ||
representing the proposed patient; and | ||
(B) the county or district attorney, as | ||
appropriate; | ||
(2) the secure electronic communication method | ||
provides for a simultaneous, compressed full-motion video, and | ||
interactive communication of image and sound among the judge or | ||
associate judge, the county or district attorney, the attorney | ||
representing the proposed patient, and the proposed patient; [ |
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(3) on request of the proposed patient or the attorney | ||
representing the proposed patient, the proposed patient and the | ||
attorney can communicate privately without being recorded or heard | ||
by the judge or associate judge or by the county or district | ||
attorney; and | ||
(4) the proposed patient is in the same location for | ||
the hearing as the proposed patient's attorney. | ||
SECTION 3. This Act takes effect September 1, 2013. |