By: Lucio S.B. No. 1358

(In the Senate - Filed March 9, 2011; March 22, 2011, read first time and referred to Committee on Criminal Justice; May 10, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; May 10, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1358 By: Hinojosa

A BILL TO BE ENTITLED

AN ACT

relating to electronically transmitting a warrant for emergency detention.

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

SECTION 1. Section 573.012, Health and Safety Code, is amended by amending Subsection (h) and adding Subsection (h-1) to read as follows:

(h) A judge or magistrate may permit an applicant who is a physician to present an application by:

(1) e-mail with the application attached as a secure document in a portable document format (PDF); or

(2) secure electronic means, including:

(A) satellite transmission;

(B) [,] closed-circuit television transmission;[,] or

(C) any other method of two-way electronic communication that:

(i) [(1)] is secure;

(ii) [(2)] is available to the judge or magistrate; and

(iii) [(3)] provides for a simultaneous, compressed full-motion video and interactive communication of image and sound between the judge or magistrate and the applicant.

(h-1) After the presentation of an application under Subsection (h), the judge or magistrate may transmit a warrant to the applicant:

(1) electronically, if a digital signature, as defined by Article 2.26, Code of Criminal Procedure, is transmitted with the document; or

(2) by e-mail with the warrant attached as a secure document in a portable document format (PDF), if the identifiable legal signature of the judge or magistrate is transmitted with the document.

SECTION 2. This Act takes effect September 1, 2011.

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