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A BILL TO BE ENTITLED
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AN ACT
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relating to the time a person may be detained in custody for a |
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preliminary examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.021(b), Health and Safety Code, is |
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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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further detention is obtained. The 48-hour [24-hour] period |
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allowed by this section includes any time the patient spends |
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waiting in the facility for medical care before the person receives |
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the preliminary examination. The period does not include any time |
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during which the person is actually receiving necessary medical |
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care in the facility's emergency room or emergency care in another |
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area of the facility. If the 48-hour [24-hour] period ends on a |
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Saturday, Sunday, legal holiday, or before 4 p.m. on the first |
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succeeding business day, the person may be detained until 4 p.m. on |
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the first succeeding business day. If extremely hazardous weather |
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conditions exist or a disaster occurs, the presiding judge or |
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magistrate may, by written order made each day, extend by an |
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additional 24 hours the period during which the person may be |
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detained. The written order must declare that an emergency exists |
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because of the weather or the occurrence of a disaster. |
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SECTION 2. The change in law made by this Act applies only |
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to the detention of a person admitted for a preliminary examination |
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under Section 573.021, Health and Safety Code, on or after the |
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effective date of this Act. The detention of a person admitted for |
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a preliminary examination before the effective date of this Act is |
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covered by the law in effect when the person was admitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |