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.