HB1938 - Relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.

  89R6629 EAS-F     By: Campos H.B. No. 1938       A BILL TO BE ENTITLED   AN ACT   relating to preliminary examination periods for mental health   protective custody and the criteria for and duration of certain   court-ordered mental health services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 573.021(b), Health and Safety Code, is   amended to read as follows:          (b)  A person accepted for a preliminary examination may be   detained in custody for not longer than 72 [ 48 ] hours after the time   the person is presented to the facility unless a written order for   protective custody is obtained.  The 72-hour [ 48-hour ] period   allowed by this section includes any time the patient spends   waiting in the facility for medical care before the person receives   the preliminary examination.  If the 72-hour [ 48-hour ] period ends   on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first   succeeding business day, the person may be detained until 4 p.m. on   the first succeeding business day. If the 72-hour [ 48-hour ] period   ends at a different time, the person may be detained only until 4   p.m. on the day the 72-hour [ 48-hour ] period ends.  If extremely   hazardous weather conditions exist or a disaster occurs, the   presiding judge or magistrate may, by written order made each day,   extend by an additional 24 hours the period during which the person   may be detained.  The written order must declare that an emergency   exists because of the weather or the occurrence of a disaster.          SECTION 2.  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)   poses a substantial risk of causing [ is   likely to cause ] serious harm to the proposed patient , as evidenced   by serious threats of attempting suicide, a suicide attempt, or   other significant self-inflicted bodily harm ;                      (B)   poses a substantial risk of causing [ is   likely to cause ] serious harm to others , as evidenced by violent   behavior directed toward 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 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 ; or                       (D)     is experiencing severe mental or physical   deterioration that, without immediate intervention, poses a   substantial risk of severe impairment or injury to the proposed   patient .          (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 harm to the proposed   patient or others; [ or ]                (2)  the proposed patient's distress and the   deterioration of the proposed patient's ability to function ; or                 (3)     the severe deterioration of the proposed patient   that poses a substantial risk of impairment or injury to the   proposed patient .          SECTION 3.  Section 574.0345(c), Health and Safety Code, is   amended to read as follows:          (c)  An order for temporary outpatient mental health   services shall state that treatment is authorized for not longer   than 90  [ 45 ] days, except that the order may specify a period not to   exceed 180 [ 90 ] days if the judge finds that the longer period is   necessary.          SECTION 4.  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)   poses a substantial risk of causing [ is   likely to cause ] serious harm to the proposed patient , as evidenced   by serious threats of attempting suicide, a suicide attempt, or   other significant self-inflicted bodily harm ;                      (B)   poses a substantial risk of causing [ is   likely to cause ] serious harm to others , as evidenced by violent   behavior directed toward 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 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; or                       (D)     is experiencing severe mental or physical   deterioration that, without immediate intervention, poses a   substantial risk of severe impairment or injury to the proposed   patient;                  (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 harm to the proposed   patient or others; [ or ]                (2)  the proposed patient's distress and the   deterioration of the proposed patient's ability to function ; or                 (3)     the severe deterioration of the proposed patient   that poses a substantial risk of impairment or injury to the   proposed patient .          SECTION 5.  The change in law made by this Act to Section   573.021, Health and Safety Code, applies to an emergency detention   that begins on or after the effective date of this Act. An emergency   detention that begins 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.  The changes in law made by this Act to Chapter   574, Health and Safety Code, 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 7.  This Act takes effect September 1, 2025.