80R1699 JJT-F

By: Davis of Harris H.B. No. 405

A BILL TO BE ENTITLED

AN ACT

relating to emergency apprehension and detention of a person believed to have a mental illness.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 573.001, Health and Safety Code, is amended by adding Subsections (g) and (h) to read as follows:

(g) A peace officer shall take a person into custody and transport that person as provided by Subsection (d) if a physician represents to the officer that:

(1) the physician examined the person during the preceding 24 hours; and

(2) based on the examination, the physician concludes that the person is mentally ill and that, as demonstrated by the person's behavior or by evidence of severe emotional distress and deterioration in the person's mental condition, because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained.

(h) A physician shall provide to the peace officer the physician's specific description of the risk of harm and a detailed description of the specific relevant behavior, acts, attempts, or threats by the person to be transported.

SECTION 2. Subchapter A, Chapter 573, Health and Safety Code, is amended by adding Section 573.005 to read as follows:

Sec. 573.005. TRANSPORTATION AND APPLICATION FOR EMERGENCY DETENTION BY PHYSICIAN. (a) A physician without the assistance of a peace officer may transport or order the transportation of a person to an inpatient mental health facility for a preliminary examination in accordance with Section 573.021 if:

(1) the physician examined the person during the preceding 24 hours; and

(2) based on the examination, the physician concludes that the person is mentally ill and that, as demonstrated by the person's behavior or by evidence of severe emotional distress and deterioration in the person's mental condition, because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained.

(b) After transporting or ordering the transportation of a person to a facility under this section, the physician immediately shall file an application for detention with the facility.

(c) The application for detention must contain a statement that:

(1) the physician examined the person during the preceding 24 hours;

(2) based on the examination, the physician concludes that the person is mentally ill and that, as demonstrated by the person's behavior or by evidence of severe emotional distress and deterioration in the person's mental condition, because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and

(3) provides a specific description of the risk of harm and a detailed description of the specific relevant behavior, acts, attempts, or threats by the person to be detained.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007 .