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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 certain persons with a |
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mental illness or cognitive disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.0001, Health and Safety Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Cognitive disability" means a condition that |
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places certain limitations on a person's mental functioning or |
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skills. Cognitive disabilities include autism, Down syndrome, |
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traumatic brain injury, and dementia. |
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SECTION 2. Section 573.001, Health and Safety Code, is |
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amended by adding Subsections (i), and (j) to read as follows: |
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(i) Except as provided by Subsection (j), a peace officer |
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who transports a person to a facility under Subsection (d) shall |
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immediately transfer custody of the person to the facility. |
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(j) If the person transported under Subsection (d) commits |
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an assault, as described by Section 22.01, Penal Code, against the |
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peace officer during the transportation, the peace officer is not |
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required to immediately transfer custody of the person to the |
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facility. |
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SECTION 3. Section 573.012, Health and Safety Code, is |
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amended by amending Subsections (b) and (d) and adding Subsections |
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(d-1) and (j) to read as follows: |
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(b) The judge or magistrate shall deny the application |
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unless the judge or magistrate finds that there is reasonable cause |
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to believe that: |
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(1) the person evidences mental illness; |
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(2) the person evidences a substantial risk of serious |
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harm to the person [himself] or others; |
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(3) the risk of harm is imminent unless the person is |
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immediately restrained; and |
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(4) the necessary restraint cannot be accomplished |
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without emergency detention. |
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(d) The judge or magistrate shall issue to an on-duty peace |
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officer a warrant for the person's immediate apprehension if the |
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judge or magistrate finds that each criterion under Subsection (b) |
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is satisfied. The judge or magistrate shall notify the applicable |
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law enforcement agency of the warrant by: |
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(1) e-mail with the warrant attached as a secure |
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document in a portable document format (PDF); or |
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(2) secure electronic means, including: |
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(A) satellite transmission; |
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(B) closed-circuit television transmission; or |
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(C) any other method of two-way electronic |
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communication that: |
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(i) is secure; |
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(ii) is available to the judge or |
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magistrate; and |
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(iii) provides for a simultaneous, |
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compressed full-motion video and interactive communication of |
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image and sound between the judge or magistrate and the agency. |
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(d-1) A law enforcement agency that receives a warrant |
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issued under Subsection (d) shall serve the warrant as soon as |
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practicable after the hour the agency receives the warrant. |
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(j) A court may not charge a fee in excess of $25 for filing |
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an application for emergency detention or for issuing a warrant |
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under this subchapter. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |