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A BILL TO BE ENTITLED
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AN ACT
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relating to an extension for the time a person may be detained in |
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custody for a preliminary examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.021(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 573.0211, a [A] person |
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accepted for a preliminary examination may be detained in custody |
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for not longer than 48 hours after the time the person is presented |
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to the facility unless a written order for protective custody is |
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obtained. The 48-hour period allowed by this section includes any |
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time the patient spends waiting in the facility for medical care |
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before the person receives the preliminary examination. If the |
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48-hour period ends on a Saturday, Sunday, legal holiday, or before |
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4 p.m. on the first succeeding business day, the person may be |
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detained until 4 p.m. on the first succeeding business day. If the |
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48-hour period ends at a different time, the person may be detained |
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only until 4 p.m. on the day the 48-hour period ends. If extremely |
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hazardous weather conditions exist or a disaster occurs, the |
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presiding judge or magistrate may, by written order made each day, |
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extend by an additional 24 hours the period during which the person |
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may be detained. The written order must declare that an emergency |
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exists because of the weather or the occurrence of a disaster. |
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SECTION 2. Subchapter C, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.0211 to read as follows: |
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Sec. 573.0211. PRELIMINARY EXAMINATION EXTENSION. (a) A |
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county may adopt the procedure provided by this section to extend |
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the period for a preliminary examination if a majority of the judges |
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of courts that have probate jurisdiction in the county approve the |
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adoption. |
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(b) If during the examination required under Section |
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573.021(c) the physician determines that there is a reasonable |
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medical probability that additional evaluation, observation, or |
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treatment is needed to properly assess the person and determine if |
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the person needs court-ordered mental health services, the |
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physician and the person may agree to extend the detention beyond |
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the 48-hour period allowed under Section 573.021(b). The physician |
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and person may agree to a new extension for the detention period |
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only if: |
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(1) the person is represented by an attorney; |
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(2) the physician and the person, after consultation |
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with the person's attorney, agree that extending the detention |
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period is in the best interest of the person; |
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(3) the agreement is reflected in writing; |
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(4) the new extension period does not exceed 96 hours; |
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and |
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(5) the person and the person's attorney are provided a |
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copy of the written agreement. |
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(c) A judge of a court having probate jurisdiction in the |
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county may appoint an attorney to represent a person who requests an |
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extension under this section. An attorney appointed under this |
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section is subject to the requirements of Section 574.004. |
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SECTION 3. This Act takes effect September 1, 2013. |