BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1305

79R9520 UM-D                                                                                                                By: Brimer

Criminal Justice

4/8/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Currently, the maximum duration of emergency treatment before a judicial hearing regarding a patient's mental health is 24 hours.  If a patient is released without a thorough evaluation, the potential exists for harm to be caused.   As proposed, S.B. 1305 extends the maximum time a person is authorized to be detained in custody for a preliminary examination to 72 hours.  The time extension would allow the acute care unit more time to stabilize a detained patient. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 573.021(b), Health and Safety Code, to increase the amount of time a person is authorized to be held for the purposes of a preliminary examination during emergency detention to a maximum of 72 hours, rather than 24 hours, unless a written order for further detention is obtained. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2005.