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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of a person apprehended without a warrant for |
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emergency detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001, Health and Safety Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately inform the person orally in |
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simple, nontechnical terms: |
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(1) of the reason for the detention; and |
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(2) that the person will be informed of the person's |
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rights in accordance with Subsection (h) within three hours after |
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the time the person is initially transported to a facility by the |
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peace officer under this section. |
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(h) A person taken into custody under Subsection (a) must be |
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informed of the person's rights under Section 573.025 and this |
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subtitle in simple, nontechnical terms, within three hours after |
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the time the person is initially transported to a facility under |
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this section. The executive commissioner of the Health and Human |
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Services Commission by rule shall prescribe the manner in which the |
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person is informed of the rights. At a minimum, the rules must |
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require that: |
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(1) the person receive a written copy of the rights in |
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the person's primary language, if possible; and |
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(2) the rights be explained to the person orally or |
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through the use of a means reasonably calculated to communicate |
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with a hearing-impaired or visually impaired person, if applicable. |
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SECTION 2. Section 573.025, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR |
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TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended, |
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detained, or transported for emergency detention under this chapter |
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has the right: |
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(1) to be advised of the location of detention, the |
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reasons for the detention, and the fact that the detention could |
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result in a longer period of involuntary commitment; |
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(2) to a reasonable opportunity to communicate with |
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and retain an attorney; |
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(3) to be transported to a location as provided by |
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Section 573.024 if the person is not admitted for emergency |
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detention, unless the person is arrested or objects; |
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(4) to be released from a facility as provided by |
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Section 573.023; |
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(5) to be advised that communications with a mental |
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health professional may be used in proceedings for further |
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detention; [and] |
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(6) to be transported in accordance with Sections |
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573.026 and 574.045, if the person is detained under Section |
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573.022 or transported under an order of protective custody under |
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Section 574.023; and |
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(7) to a reasonable opportunity to communicate with a |
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relative or other responsible person who has a proper interest in |
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the person's welfare. |
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(b) Regardless of whether the person was previously |
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informed under Section 573.001, a [A] person apprehended, detained, |
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or transported for emergency detention under this subtitle shall be |
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informed of the rights provided by this section and this subtitle: |
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(1) orally in simple, nontechnical terms, within 24 |
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hours after the time the person is admitted to a facility, and in |
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writing in the person's primary language if possible; or |
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(2) through the use of a means reasonably calculated |
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to communicate with a hearing or visually impaired person, if |
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applicable. |
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SECTION 3. This Act takes effect September 1, 2013. |