79R9520 UM-D
By: Brimer S.B. No. 1305
A BILL TO BE ENTITLED
AN ACT
relating to the time a person may be detained in custody for a
preliminary examination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.021(b), Health and Safety Code, is
amended to read as follows:
(b) A person accepted for a preliminary examination may be
detained in custody for not longer than 72 [24] hours after the time
the person is presented to the facility unless a written order for
further detention is obtained. The 72-hour [24-hour] period
allowed by this section includes any time the patient spends
waiting in the facility for medical care before the person receives
the preliminary examination. The period does not include any time
during which the person is actually receiving necessary medical
care in the facility's emergency room or emergency care in another
area of the facility. If the 72-hour [24-hour] period ends on a
Saturday, Sunday, legal holiday, or before 4 p.m. on the first
succeeding business day, the person may be detained until 4 p.m. on
the first succeeding business day. If extremely hazardous weather
conditions exist or a disaster occurs, the presiding judge or
magistrate may, by written order made each day, extend by an
additional 24 hours the period during which the person may be
detained. The written order must declare that an emergency exists
because of the weather or the occurrence of a disaster.
SECTION 2. The change in law made by this Act applies only
to the detention of a person admitted for a preliminary examination
under Section 573.021, Health and Safety Code, on or after the
effective date of this Act. The detention of a person admitted for
a preliminary examination before the effective date of this Act is
covered by the law in effect when the person was admitted, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.