bill extending mental health examination holds to 72 hours

The text as introduced · 1,148 words

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.