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A BILL TO BE ENTITLED
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AN ACT
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relating to the detention and examination of certain persons for |
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whom an application for emergency detention or a motion for an order |
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of protective custody has been filed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 573.021(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) A person accepted for a preliminary examination may be |
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detained in custody for not longer than 48 [24] hours after the time |
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the person is presented to the facility unless a written order for |
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protective custody [further detention] is obtained. The 48-hour |
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[24-hour] period allowed by this section includes any time the |
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patient spends waiting in the facility for medical care before the |
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person receives the preliminary examination. [The period does not
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include any time during which the person is actually receiving
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necessary medical care in the facility's emergency room or
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emergency care in another area of the facility.] If the 48-hour |
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[24-hour] period ends on a Saturday, Sunday, legal holiday, or |
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before 4 p.m. on the first succeeding business day, the person may |
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be detained until 12 [4] p.m. on the first succeeding business day. |
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If the 48-hour period ends at a different time, the person may be |
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detained only until 4 p.m. on the day the 48-hour period ends. If |
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extremely hazardous weather conditions exist or a disaster occurs, |
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the presiding judge or magistrate may, by written order made each |
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day, extend by an additional 24 hours the period during which the |
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person may be detained. The written order must declare that an |
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emergency exists because of the weather or the occurrence of a |
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disaster. |
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(c) A physician shall examine the person as soon as possible |
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within 12 [24] hours after the time the person is apprehended by the |
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peace officer or transported for emergency detention by the |
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person's guardian. |
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SECTION 2. Section 574.021(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The motion must be accompanied by a certificate of |
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medical examination for mental illness prepared by a physician who |
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has examined the proposed patient not earlier than the third |
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[fifth] day before the day the motion is filed. |
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SECTION 3. (a) The Department of State Health Services |
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shall conduct a study of the effects the change in law made by this |
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Act has on: |
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(1) reducing the overall number of admissions to state |
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mental health facilities; and |
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(2) the number of admissions of persons to state |
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mental health facilities for periods of less than 96 hours. |
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(b) The Department of State Health Services shall include in |
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a report on the conclusions of the study information concerning |
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relevant admissions to state mental health facilities: |
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(1) during the 24-month period preceding the effective |
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date of this Act; and |
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(2) during the 12-month period following the effective |
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date of this Act. |
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(c) Not later than December 31, 2008, the Department of |
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State Health Services shall provide the report on the study's |
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conclusions to the governor, the lieutenant governor, the speaker |
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of the house of representatives, and the presiding officers of the |
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Senate Committee on Health and Human Services and the House Public |
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Health Committee. |
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SECTION 4. The change in law made by this Act applies only |
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to the detention and examination of a person admitted for a |
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preliminary examination under Section 573.021, Health and Safety |
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Code, on or after the effective date of this Act and to the filing of |
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a motion for emergency detention under Section 574.021, Health and |
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Safety Code, on or after the effective date of this Act. The |
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detention and examination of a person admitted for a preliminary |
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examination before the effective date of this Act is governed by the |
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law in effect when the person was admitted, the filing of a motion |
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for an order of protective custody is governed by the law in effect |
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on the date the motion is filed, and the former law is continued in |
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effect for those purposes. |
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SECTION 5. This Act takes effect September 1, 2007. |
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