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A BILL TO BE ENTITLED
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AN ACT
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relating to providing a person taken into custody for emergency |
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detention with information concerning the person's rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately inform the person orally in |
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simple, nontechnical terms: |
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(1) of the reason for the detention; [and] |
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(2) of the warning described by Section 2(a), Article |
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38.22, Code of Criminal Procedure; and |
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(3) that a staff member of the facility will inform the |
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person of the person's rights at [within 24 hours after] the time |
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the person is admitted to a facility and before questioning, |
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assessing, or examining the person, as provided by Section |
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573.025(b). |
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SECTION 2. Section 573.025(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person apprehended, detained, or transported for |
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emergency detention under this subtitle shall be informed of the |
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rights provided by this section and this subtitle: |
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(1) orally in simple, nontechnical terms, at [within |
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24 hours after] the time the person is admitted to a facility and |
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before the person is questioned, assessed, or examined, and in |
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writing in the person's primary language if possible; or |
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(2) through the use of a means reasonably calculated |
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to communicate with a hearing or visually impaired person, if |
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applicable. |
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SECTION 3. This Act takes effect September 1, 2021. |