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Senate Bill 359 |
Senate Author: West et al. |
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Effective: Vetoed |
House Sponsor: Workman |
Senate Bill 359 amends the Health and Safety Code to establish the authority of certain facilities and physicians to temporarily detain a person with mental illness who expresses a desire to leave or attempts to leave the facility before the examination or treatment is completed. The bill authorizes a peace officer to take a person with mental illness who has been admitted to such a facility into custody without a warrant.
Reason Given for Veto: "The Fourth, Fifth, and Fourteenth Amendments to the United States Constitution limit the state's authority to deprive a person of liberty. Under our constitutional tradition, the power to arrest and forcibly hold a person against his or her will is generally reserved for officers of the law acting in the name of the people of Texas. By bestowing that grave authority on private parties who lack the training of peace officers and are not bound by the same oath to protect and serve the public, SB 359 raises serious constitutional concerns and would lay the groundwork for further erosion of constitutional liberties.
"Medical facilities have options at their disposal to protect mentally ill patients and the public. Many hospitals already keep a peace officer on site at all times. For smaller facilities, law enforcement are always just a phone call and a few minutes away. Medical staff should work closely with law enforcement to help protect mentally ill patients and the public. But just as law enforcement should not be asked to practice medicine, medical staff should not be asked to engage in law enforcement, especially when that means depriving a person of the liberty protected by the Constitution."