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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency detention of persons 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 571.018(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The costs for a hearing or proceeding under this |
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subtitle shall be paid by: |
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(1) the county that initiates emergency detention |
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procedures under Subchapter A [or B], Chapter 573; or |
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(2) if no emergency detention procedures are |
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initiated, the county that accepts an application for court-ordered |
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mental health services, issues an order for protective custody, or |
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issues an order for temporary mental health services. |
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SECTION 2. Section 572.004, Health and Safety Code, is |
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amended by amending Subsections (d) and (f) and adding Subsections |
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(d-1) and (d-2) to read as follows: |
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(d) A physician who has reasonable cause to believe that a |
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patient might meet the criteria for court-ordered mental health |
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services or emergency detention shall examine the patient as soon |
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as possible within 24 hours after the time the request for discharge |
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is filed. The physician shall discharge the patient on completion |
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of the examination unless the physician determines that the person |
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meets the criteria for court-ordered mental health services or |
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emergency detention. If the physician makes a determination that |
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the patient meets the criteria for court-ordered mental health |
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services or emergency detention, the physician shall, not later |
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than 4 p.m. on the next succeeding business day after the date on |
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which the examination occurs: |
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(1) [, either] discharge the patient; [or] |
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(2) file an application for court-ordered mental |
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health services [or emergency detention] and obtain a written order |
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for further detention; or |
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(3) arrange for the patient to be apprehended by a |
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peace officer or transported for emergency detention under |
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Subchapter A, Chapter 573. |
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(d-1) The physician shall notify the patient if the |
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physician intends to: |
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(1) detain the patient under Subsection (d); |
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(2) [this subsection or intends to] file an |
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application for court-ordered mental health services; or |
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(3) arrange for the patient to be apprehended by a |
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peace officer or transported for emergency detention under |
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Subchapter A, Chapter 573 [emergency detention]. |
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(d-2) A decision to detain a patient under Subsection (d) |
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[this subsection] and the reasons for the decision shall be made a |
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part of the patient's clinical record. |
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(f) The patient is not entitled to leave the facility if |
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before the end of the period prescribed by this section: |
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(1) a written withdrawal of the request for discharge |
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is filed; [or] |
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(2) an application for court-ordered mental health |
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services [or emergency detention] is filed and the patient is |
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detained in accordance with this subtitle; or |
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(3) the patient is apprehended by a peace officer or |
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transported for emergency detention under Subchapter A, Chapter |
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573, and detained in accordance with this subtitle. |
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SECTION 3. The heading to Section 573.001, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 573.001. APPREHENSION BY PEACE OFFICER [WITHOUT
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WARRANT]. |
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SECTION 4. Sections 573.001(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) A peace officer[, without a warrant,] may take a person |
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into custody if the officer[:
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[(1)] has reason to believe and does believe that: |
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(1) [(A)] the person is mentally ill; and |
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(2) [(B)] because of that mental illness there is a |
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substantial risk of serious harm to the person or to others unless |
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the person is immediately restrained[; and
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[(2)
believes that there is not sufficient time to
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obtain a warrant before taking the person into custody]. |
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(b) A substantial risk of serious harm to the person or |
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others under Subsection (a)(2) [(a)(1)(B)] may be demonstrated by: |
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(1) the person's behavior; or |
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(2) evidence of severe emotional distress and |
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deterioration in the person's mental condition to the extent that |
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the person cannot remain at liberty. |
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SECTION 5. Section 573.023(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person apprehended by a peace officer or transported |
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for emergency detention under Subchapter A [or detained under
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Subchapter B] shall be released on completion of the preliminary |
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examination unless the person is admitted to a facility under |
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Section 573.022. |
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SECTION 6. Section 573.024(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) If the person was apprehended by a peace officer under |
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Subchapter A, arrangements must be made to immediately transport |
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the person. If the person was transported for emergency detention |
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under Subchapter A [or detained under Subchapter B], the person is |
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entitled to reasonably prompt transportation. |
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SECTION 7. The following provisions are repealed: |
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(1) Section 54.1358(c), Government Code; |
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(2) Section 54.858(c), Government Code; and |
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(3) Subchapter B, Chapter 573, Health and Safety Code. |
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SECTION 8. This Act takes effect September 1, 2013. |