| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the requirements for and compilation of certain |
|
|
emergency mental health detention records. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 573.002(b) and (d), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(b) The notification of detention must contain: |
|
|
(1) a statement that the officer has reason to believe |
|
|
and does believe that the person evidences mental illness; |
|
|
(2) a statement that the officer has reason to believe |
|
|
and does believe that the person evidences a substantial risk of |
|
|
serious harm to the person or others; |
|
|
(3) a specific description of the risk of harm; |
|
|
(4) a statement that the officer has reason to believe |
|
|
and does believe that the risk of harm is imminent unless the person |
|
|
is immediately restrained; |
|
|
(5) a statement that the officer's beliefs are derived |
|
|
from specific recent behavior, overt acts, attempts, or threats |
|
|
that were observed by or reliably reported to the officer; |
|
|
(6) a detailed description of the specific behavior, |
|
|
acts, attempts, or threats; [and] |
|
|
(7) the name and relationship to the apprehended |
|
|
person of any person who: |
|
|
(A) reported or observed the behavior, acts, |
|
|
attempts, or threats; or |
|
|
(B) witnessed the apprehended person being |
|
|
detained; |
|
|
(8) a description of the place and setting where the |
|
|
detention was initiated; |
|
|
(9) a description of the use of restraints in |
|
|
detaining the person, including a statement of whether a chemical |
|
|
irritant spray or a Taser device was used in detaining the person; |
|
|
and |
|
|
(10) the age, including the exact age if the person is |
|
|
younger than 18 years of age, race, gender, and other demographic |
|
|
information required by executive commissioner rules. |
|
|
(d) The peace officer shall provide the notification of |
|
|
detention on the following form: |
|
|
Notification--Emergency Detention NO. ____________________ |
|
|
DATE:_______________ TIME:_______________ |
|
|
THE STATE OF TEXAS |
|
|
FOR THE BEST INTEREST AND PROTECTION OF: |
|
|
______________________________________ |
|
|
NOTIFICATION OF EMERGENCY DETENTION |
|
|
Now comes _____________________________, a peace officer with |
|
|
(name of agency) _____________________________, of the State of |
|
|
Texas, and states as follows: |
|
|
1. I have reason to believe and do believe that (name of person to |
|
|
be detained) __________________________ evidences mental illness. |
|
|
2. I have reason to believe and do believe that the above-named |
|
|
person evidences a substantial risk of serious harm to |
|
|
himself/herself or others based upon the following: |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
3. I have reason to believe and do believe that the above risk of |
|
|
harm is imminent unless the above-named person is immediately |
|
|
restrained. |
|
|
4. My beliefs are based upon the following recent behavior, overt |
|
|
acts, attempts, statements, or threats observed by me or reliably |
|
|
reported to me: |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
5. The names, addresses, and relationship to the above-named |
|
|
person of those persons who reported or observed recent behavior, |
|
|
acts, attempts, statements, or threats of the above-named person or |
|
|
who witnessed the above-named person being detained are (if |
|
|
applicable): |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
For the above reasons, I present this notification to seek |
|
|
temporary admission to the (name of facility) |
|
|
_________________________ inpatient mental health facility or |
|
|
hospital facility for the detention of (name of person to be |
|
|
detained) __________________________ on an emergency basis. |
|
|
6. Was the person restrained in any way? Yes □ No □ |
|
|
7. Was a chemical irritant spray or a Taser device used on the |
|
|
person? Yes □ No □ |
|
|
8. The location from which the person was taken into custody was a: |
|
|
School □ Home □ Health Care Facility □ Emergency Room □ Other □ |
|
|
9. Demographic Information: |
|
|
Race: Caucasian □ Black □ Hispanic □ Asian/Pacific Islander □ |
|
|
Other □ |
|
|
10. Age: Under 18 □ Over 18 □ Over 65 □ |
|
|
11. If under 18: Exact age of the person is _____ |
|
|
_________________________ BADGE NO. _____________________ |
|
|
PEACE OFFICER'S SIGNATURE |
|
|
Address: _________________________ Zip Code: ____________________ |
|
|
Telephone: ______________________ |
|
|
_________________________ |
|
|
SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable) |
|
|
Address: _________________________ Zip Code: ____________________ |
|
|
Telephone: ______________________ |
|
|
A mental health facility or hospital emergency department may |
|
|
not require a peace officer or emergency medical services personnel |
|
|
to execute any form other than this form as a predicate to accepting |
|
|
for temporary admission a person detained by a peace officer under |
|
|
Section 573.001, Health and Safety Code, and transported by the |
|
|
officer under that section or by emergency medical services |
|
|
personnel of an emergency medical services provider at the request |
|
|
of the officer made in accordance with a memorandum of |
|
|
understanding executed under Section 573.005, Health and Safety |
|
|
Code. |
|
|
SECTION 2. Section 573.021, Health and Safety Code, is |
|
|
amended by adding Subsection (f) to read as follows: |
|
|
(f) A facility that accepts a person for preliminary |
|
|
examination under Subsection (a), as soon as practicable but not |
|
|
more than 12 hours after the person is accepted to the facility, |
|
|
shall submit to each court with jurisdiction to order commitment |
|
|
under Chapter 574 a copy of the peace officer's notification of |
|
|
detention filed with the facility under Section 573.002. |
|
|
SECTION 3. The heading to Section 574.014, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 574.014. COMPILATION OF MENTAL HEALTH COMMITMENT AND |
|
|
EMERGENCY DETENTION RECORDS. |
|
|
SECTION 4. Section 574.014(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The clerk of each court with jurisdiction to order |
|
|
commitment under this chapter shall provide the Office of Court |
|
|
Administration each month with a report of the number of |
|
|
applications for commitment orders for involuntary mental health |
|
|
services filed with the court and the disposition of those cases, |
|
|
including the number of commitment orders for inpatient and |
|
|
outpatient mental health services. The Office of Court |
|
|
Administration annually shall make the reported information |
|
|
available to the Health and Human Services Commission and the |
|
|
public on the office's Internet website [annually]. |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
an emergency detention that begins on or after the effective date of |
|
|
this Act. An emergency detention that begins before the effective |
|
|
date of this Act is governed by the law as it existed immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |