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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for and compilation of certain |
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emergency mental health detention records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 573.002(b) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(b) The notification of detention must 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 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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(8) a description of the place and setting where the |
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detention was initiated; and |
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(9) the age, race, gender, and other demographic |
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information required by rule of the executive commissioner. |
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(d) The peace officer shall provide the notification of |
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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 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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7. The location from which the person was taken into custody was a: |
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School □ Home □ Health Care Facility □ Emergency Room □ Other □ |
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8. Demographic Information: |
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Race: Caucasian □ Black □ Hispanic □ Asian/Pacific Islander □ |
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Other □ |
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9. Age: Under 18 □ Over 18 □ Over 65 □ |
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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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_________________________ |
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SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable) |
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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 |
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not require a peace officer or emergency medical services personnel |
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to execute any form other than this form as a predicate to accepting |
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for temporary admission a person detained by a peace officer under |
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Section 573.001, Health and Safety Code, and transported by the |
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officer under that section or by emergency medical services |
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personnel of an emergency medical services provider at the request |
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of the officer made in accordance with a memorandum of |
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understanding executed under Section 573.005, Health and Safety |
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Code. |
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SECTION 2. Section 573.021, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A facility that accepts a person for preliminary |
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examination under Subsection (a), as soon as practicable but not |
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more than 12 hours after the person is accepted to the facility, |
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shall submit to each court with jurisdiction to order commitment |
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under Chapter 574 a copy of the peace officer's notification of |
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detention filed with the facility under Section 573.002. |
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SECTION 3. The heading to Section 574.014, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 574.014. COMPILATION OF MENTAL HEALTH COMMITMENT AND |
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EMERGENCY DETENTION RECORDS. |
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SECTION 4. Section 574.014(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The clerk of each court with jurisdiction to order |
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commitment under this chapter shall provide the Office of Court |
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Administration each month with a report of the number of peace |
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officer's notification of detention forms submitted to the court |
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under Section 573.021(f) and the number of applications for |
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commitment orders for involuntary mental health services filed with |
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the court and the disposition of those cases, including the number |
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of commitment orders for inpatient and outpatient mental health |
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services. The Office of Court Administration annually shall make |
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the reported information available to the Health and Human Services |
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Commission [department annually]. |
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SECTION 5. The changes in law made by this Act apply only to |
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an emergency detention that begins on or after the effective date of |
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this Act. An emergency detention that begins before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |