83R4659 GCB-D

By: Naishtat H.B. No. 1738

A BILL TO BE ENTITLED

AN ACT

relating to a standard form of notification for the detention of a person with mental illness.

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

SECTION 1. Section 573.002, Health and Safety Code, is amended to read as follows:

Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF [APPLICATION FOR] DETENTION. (a) A peace officer shall immediately file with a facility a notification of [an application for] detention after transporting a person to that [a] facility in accordance with [under] Section 573.001.

(b) The notification of [application for] detention must contain:

(1) a statement that the officer has reason to believe and does believe that the person evidences mental illness;

(2) a statement that the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself or others;

(3) a specific description of the risk of harm;

(4) a statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;

(5) a statement that the officer's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by or reliably reported to the officer;

(6) a detailed description of the specific behavior, acts, attempts, or threats; and

(7) the name and relationship to the apprehended person of any person who reported or observed the behavior, acts, attempts, or threats.

(c) The facility where the person is detained shall include in the detained person's clinical file the notification of detention described by this section.

(d) The peace officer shall give the notification of detention on the following form:

Notification--Emergency DetentionNO. ____________________

THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF:

______________________________________

NOTIFICATION OF EMERGENCY DETENTION

Now comes _____________________________, a peace officer with (name of agency) _____________________________, of the State of Texas, and states as follows:

1. I have reason to believe and do believe that (name of person to be detained) __________________________ evidences mental illness.

2. I have reason to believe and do believe that the above-named person evidences a substantial risk of serious harm to himself/herself or others based upon the following: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

3. I have reason to believe and do believe that the above risk of harm is imminent unless the above-named person is immediately restrained.

4. My beliefs are based upon the following recent behavior, overt acts, attempts, statements, or threats observed by me or reliably reported to me: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

5. The names, addresses, and relationship to the above-named person of those persons who reported or observed recent behavior, acts, attempts, statements, or threats of the above-named person are (if applicable): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

For the above reasons, I present this notification to seek temporary admission to the (name of facility) _________________________ inpatient mental health facility or hospital facility for the detention of (name of person to be detained) __________________________ on an emergency basis.

_________________________BADGE NO. _____________________ PEACE OFFICER'S SIGNATURE

Address: _________________________ Zip Code: ____________________ Telephone: ______________________ A mental health facility or hospital emergency department may not require a peace officer to execute any form other than this form as a predicate to accepting for temporary admission a person detained under Section 573.001, Texas Health and Safety Code.

(e) A mental health facility or hospital emergency department may not require a peace officer to execute any form other than the form provided by Subsection (d) as a predicate to accepting for temporary admission a person detained under Section 573.001, Health and Safety Code.

SECTION 2. Section 573.021(a), Health and Safety Code, is amended to read as follows:

(a) A facility shall temporarily accept a person for whom an application for detention is filed or for whom a peace officer files a notification of detention under Section 573.002(a).

SECTION 3. This Act takes effect September 1, 2013.