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A BILL TO BE ENTITLED
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AN ACT
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relating to the transportation of a person believed to be a person |
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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 573.001, Health and Safety Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately: |
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(1) transport the apprehended person to: |
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(A) [(1)] the nearest appropriate inpatient |
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mental health facility; or |
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(B) [(2)] a mental health facility deemed |
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suitable by the local mental health authority, if an appropriate |
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inpatient mental health facility is not available; or |
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(2) transfer the apprehended person to a person listed |
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in Section 574.045(a), who shall immediately transport the |
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apprehended person to a facility described by Subdivision (1)(A) or |
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(B). |
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(d-1) If a peace officer requests under Subsection (d)(2) |
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that another person transport the apprehended person, the peace |
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officer shall provide to the transporting person a completed |
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notification of detention about the apprehended person on a form |
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provided by Section 573.002(d). |
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SECTION 2. Sections 573.002(a), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) A peace officer shall immediately file with a facility a |
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notification of detention after transporting a person to that |
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facility in accordance with Section 573.001. A person who |
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transports a person to a facility at the request of a peace officer |
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under Section 573.001(d)(2) shall immediately file with the |
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facility the notification of detention completed by the peace |
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officer who made the request. |
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(d) The peace officer shall provide [give] the notification |
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of detention on the following form: |
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Notification--Emergency Detention NO. ____________________ |
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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 provide [present] this notification to |
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seek 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 or another person who transports the person |
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to the facility or department to execute any form other than this |
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form as a predicate to accepting for temporary admission a person |
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detained by a peace officer under Section 573.001, Texas Health and |
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Safety Code, and transported by the officer or another person under |
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that section. |
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(e) A mental health facility or hospital emergency |
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department may not require a peace officer or another person who |
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transports the person to the facility or department to execute any |
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form other than the form provided by Subsection (d) as a predicate |
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to accepting for temporary admission a person detained by a peace |
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officer under Section 573.001 and transported by the officer or |
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another person under that section. |
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SECTION 3. Section 573.012, Health and Safety Code, is |
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amended by amending Subsection (e) and adding Subsection (e-1) to |
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read as follows: |
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(e) A person apprehended under this section shall be: |
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(1) immediately transported for a preliminary |
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examination by the peace officer in accordance with Section 573.021 |
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to: |
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(A) [(1)] the nearest appropriate inpatient |
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mental health facility; or |
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(B) [(2)] a mental health facility deemed |
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suitable by the local mental health authority, if an appropriate |
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inpatient mental health facility is not available; or |
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(2) transferred to a person listed in Section |
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574.045(a), who shall immediately transport the apprehended person |
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for a preliminary examination in accordance with Section 573.021 to |
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a facility described by Subdivision (1)(A) or (B). |
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(e-1) If a peace officer requests under Subsection (e)(2) |
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that another person transport the apprehended person, the peace |
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officer shall provide to the transporting person the warrant issued |
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to the peace officer under Subsection (d). |
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SECTION 4. 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 or |
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other person files a notification of detention completed by the |
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peace officer under Section 573.002(a). |
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SECTION 5. This Act takes effect September 1, 2017. |