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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency detention by a peace officer of a person |
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who may have mental illness, including information provided to the |
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person subject to detention and a standard form of notification of |
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detention to be provided to a facility by a peace officer. |
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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 Subsection (g) 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 a staff member of the facility will inform the |
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person of the person's rights within 24 hours after the time the |
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person is admitted to a facility, as provided by Section |
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573.025(b). |
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SECTION 2. 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 the person [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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DATE:_______________ TIME:_______________ |
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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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6. Was the person restrained in any way? Yes □ No □ |
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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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SECTION 3. 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 4. 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) A person apprehended, detained, or transported for |
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emergency detention under this subtitle shall be informed of the |
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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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(c) 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 person's rights under this section and |
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this subtitle. |
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SECTION 5. This Act takes effect September 1, 2013. |
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