By Moncrief S.B. No. 1588 77R6015 CBH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a preliminary examination for emergency detention 1-3 because of mental illness. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 573.021(b), Health and Safety Code, is 1-6 amended to read as follows: 1-7 (b) A person accepted for a preliminary examination may be 1-8 detained in custody for not longer than 24 hours after the time the 1-9 person is presented to the facility unless a written order for 1-10 further detention is obtained. The 24-hour period allowed by this 1-11 section includes any time the patient spends waiting in the 1-12 facility for medical care before the person receives the 1-13 preliminary examination. The period does not include any time 1-14 during which the person is actually receiving necessary medical 1-15 care in the facility's emergency room or in another area of the 1-16 facility. If the 24-hour period ends on a Saturday, Sunday, legal 1-17 holiday, or before 4 p.m. on the first succeeding business day, the 1-18 person may be detained until 4 p.m. on the first succeeding 1-19 business day. If extremely hazardous weather conditions exist or a 1-20 disaster occurs, the presiding judge or magistrate may, by written 1-21 order made each day, extend by an additional 24 hours the period 1-22 during which the person may be detained. The written order must 1-23 declare that an emergency exists because of the weather or the 1-24 occurrence of a disaster. 2-1 SECTION 2. This Act takes effect immediately if it receives 2-2 a vote of two-thirds of all the members elected to each house, as 2-3 provided by Section 39, Article III, Texas Constitution. If this 2-4 Act does not receive the vote necessary for immediate effect, this 2-5 Act takes effect September 1, 2001.