83R3240 EES-D
 
  By: Zaffirini S.B. No. 1591
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the emergency detention of persons with mental illness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 571.018(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The costs for a hearing or proceeding under this
  subtitle shall be paid by:
               (1)  the county that initiates emergency detention
  procedures under Subchapter A [or B], Chapter 573; or
               (2)  if no emergency detention procedures are
  initiated, the county that accepts an application for court-ordered
  mental health services, issues an order for protective custody, or
  issues an order for temporary mental health services.
         SECTION 2.  Section 572.004, Health and Safety Code, is
  amended by amending Subsections (d) and (f) and adding Subsections
  (d-1) and (d-2) to read as follows:
         (d)  A physician who has reasonable cause to believe that a
  patient might meet the criteria for court-ordered mental health
  services or emergency detention shall examine the patient as soon
  as possible within 24 hours after the time the request for discharge
  is filed. The physician shall discharge the patient on completion
  of the examination unless the physician determines that the person
  meets the criteria for court-ordered mental health services or
  emergency detention. If the physician makes a determination that
  the patient meets the criteria for court-ordered mental health
  services or emergency detention, the physician shall, not later
  than 4 p.m. on the next succeeding business day after the date on
  which the examination occurs:
               (1)  [, either] discharge the patient; [or]
               (2)  file an application for court-ordered mental
  health services [or emergency detention] and obtain a written order
  for further detention; or
               (3)  arrange for the patient to be apprehended by a
  peace officer or transported for emergency detention under
  Subchapter A, Chapter 573.
         (d-1)  The physician shall notify the patient if the
  physician intends to:
               (1)  detain the patient under Subsection (d);
               (2)  [this subsection or intends to] file an
  application for court-ordered mental health services; or
               (3)  arrange for the patient to be apprehended by a
  peace officer or transported for emergency detention under
  Subchapter A, Chapter 573 [emergency detention].
         (d-2)  A decision to detain a patient under Subsection (d)
  [this subsection] and the reasons for the decision shall be made a
  part of the patient's clinical record.
         (f)  The patient is not entitled to leave the facility if
  before the end of the period prescribed by this section:
               (1)  a written withdrawal of the request for discharge
  is filed; [or]
               (2)  an application for court-ordered mental health
  services [or emergency detention] is filed and the patient is
  detained in accordance with this subtitle; or
               (3)  the patient is apprehended by a peace officer or
  transported for emergency detention under Subchapter A, Chapter
  573, and detained in accordance with this subtitle.
         SECTION 3.  The heading to Section 573.001, Health and
  Safety Code, is amended to read as follows:
         Sec. 573.001.  APPREHENSION BY PEACE OFFICER [WITHOUT
  WARRANT].
         SECTION 4.  Sections 573.001(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  A peace officer[, without a warrant,] may take a person
  into custody if the officer[:
               [(1)]  has reason to believe and does believe that:
               (1) [(A)]  the person is mentally ill; and
               (2) [(B)]  because of that mental illness there is a
  substantial risk of serious harm to the person or to others unless
  the person is immediately restrained[; and
               [(2)     believes that there is not sufficient time to
  obtain a warrant before taking the person into custody].
         (b)  A substantial risk of serious harm to the person or
  others under Subsection (a)(2) [(a)(1)(B)] may be demonstrated by:
               (1)  the person's behavior; or
               (2)  evidence of severe emotional distress and
  deterioration in the person's mental condition to the extent that
  the person cannot remain at liberty.
         SECTION 5.  Section 573.023(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A person apprehended by a peace officer or transported
  for emergency detention under Subchapter A [or detained under
  Subchapter B] shall be released on completion of the preliminary
  examination unless the person is admitted to a facility under
  Section 573.022.
         SECTION 6.  Section 573.024(c), Health and Safety Code, is
  amended to read as follows:
         (c)  If the person was apprehended by a peace officer under
  Subchapter A, arrangements must be made to immediately transport
  the person. If the person was transported for emergency detention
  under Subchapter A [or detained under Subchapter B], the person is
  entitled to reasonably prompt transportation.
         SECTION 7.  The following provisions are repealed:
               (1)  Section 54.1358(c), Government Code;
               (2)  Section 54.858(c), Government Code; and
               (3)  Subchapter B, Chapter 573, Health and Safety Code.
         SECTION 8.  This Act takes effect September 1, 2013.