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A BILL TO BE ENTITLED
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AN ACT
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relating to a standard form of notification for the detention of a |
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person with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF [APPLICATION
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FOR] DETENTION. (a) A peace officer shall immediately file with a |
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facility a notification of [an application for] detention after |
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transporting a person to that [a] facility in accordance with |
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[under] Section 573.001. |
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(b) The notification of [application for] detention must |
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contain: |
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(1) a statement that the officer has reason to believe |
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and does believe that the person evidences mental illness; |
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(2) a statement that the officer has reason to believe |
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and does believe that the person evidences a substantial risk of |
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serious harm to himself or others; |
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(3) a specific description of the risk of harm; |
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(4) a statement that the officer has reason to believe |
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and does believe that the risk of harm is imminent unless the person |
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is immediately restrained; |
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(5) a statement that the officer's beliefs are derived |
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from specific recent behavior, overt acts, attempts, or threats |
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that were observed by or reliably reported to the officer; |
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(6) a detailed description of the specific behavior, |
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acts, attempts, or threats; and |
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(7) the name and relationship to the apprehended |
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person of any person who reported or observed the behavior, acts, |
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attempts, or threats. |
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(c) The facility where the person is detained shall include |
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in the detained person's clinical file the notification of |
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detention described by this section. |
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(d) The peace officer shall give the notification of |
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detention on the following form: |
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Notification--Emergency DetentionNO. ____________________ |
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THE STATE OF TEXAS |
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FOR THE BEST INTEREST AND PROTECTION OF: |
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______________________________________ |
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NOTIFICATION OF EMERGENCY DETENTION |
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Now comes _____________________________, a peace officer with |
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(name of agency) _____________________________, of the State of |
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Texas, and states as follows: |
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1. I have reason to believe and do believe that (name of person to |
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be detained) __________________________ evidences mental illness. |
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2. I have reason to believe and do believe that the above-named |
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person evidences a substantial risk of serious harm to |
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himself/herself or others based upon the following: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. I have reason to believe and do believe that the above risk of |
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harm is imminent unless the above-named person is immediately |
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restrained. |
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4. My beliefs are based upon the following recent behavior, overt |
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acts, attempts, statements, or threats observed by me or reliably |
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reported to me: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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5. The names, addresses, and relationship to the above-named |
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person of those persons who reported or observed recent behavior, |
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acts, attempts, statements, or threats of the above-named person |
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are (if applicable): |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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For the above reasons, I present this notification to seek |
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temporary admission to the (name of facility) |
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_________________________ inpatient mental health facility or |
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hospital facility for the detention of (name of person to be |
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detained) __________________________ on an emergency basis. |
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_________________________BADGE NO. _____________________ |
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PEACE OFFICER'S SIGNATURE |
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Address: _________________________ Zip Code: ____________________ |
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Telephone: ______________________ |
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A mental health facility or hospital emergency department may not |
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require a peace officer to execute any form other than this form as |
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a predicate to accepting for temporary admission a person detained |
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under Section 573.001, Texas Health and Safety Code. |
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(e) A mental health facility or hospital emergency |
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department may not require a peace officer to execute any form other |
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than the form provided by Subsection (d) as a predicate to accepting |
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for temporary admission a person detained under Section 573.001, |
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Health and Safety Code. |
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SECTION 2. Section 573.021(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A facility shall temporarily accept a person for whom an |
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application for detention is filed or for whom a peace officer files |
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a notification of detention under Section 573.002(a). |
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SECTION 3. This Act takes effect September 1, 2013. |