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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for the emergency detention of certain |
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persons 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(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A peace officer, without a warrant, may take a person |
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into custody, regardless of the age or location of the person, if |
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the officer: |
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(1) has reason to believe and does believe that: |
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(A) the person is a person with mental illness; |
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and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or to others unless |
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the person is immediately restrained; and |
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(2) believes that there is not sufficient time to |
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obtain a warrant before taking the person into custody. |
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SECTION 2. Section 573.012, Health and Safety Code, is |
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amended by amending Subsections (a), (e), and (h) and adding |
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Subsection (h-2) to read as follows: |
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(a) Except as provided by Subsection (h), an applicant for |
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emergency detention must present the application personally to a |
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judge or magistrate. The judge or magistrate shall examine the |
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application and may interview the applicant. Except as provided by |
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Subsections [Subsection] (g) and (h), the judge of a court with |
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probate jurisdiction by administrative order may provide that the |
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application must be: |
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(1) presented personally to the court; or |
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(2) retained by court staff and presented to another |
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judge or magistrate as soon as is practicable if the judge of the |
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court is not available at the time the application is presented. |
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(e) A person apprehended under this section who is not |
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physically located in a mental health facility at the time the |
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warrant is issued under Subsection (h-1) shall be transported for a |
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preliminary examination in accordance with Section 573.021 to: |
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(1) the nearest appropriate inpatient mental health |
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facility; or |
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(2) a mental health facility deemed suitable by the |
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local mental health authority, if an appropriate inpatient mental |
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health facility is not available. |
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(h) A judge or magistrate shall [may] permit an applicant |
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who is a physician to present an application by: |
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(1) e-mail with the application attached as a secure |
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document in a portable document format (PDF); or |
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(2) another 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 applicant. |
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(h-2) If a judge or magistrate transmits a warrant under |
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Subsection (h-1) for the detention of a person who is physically |
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located in a facility at the time the application is presented under |
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Subsection (h), the facility may detain the person to perform a |
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preliminary examination in accordance with Section 573.021. |
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SECTION 3. The changes in law made by this Act apply to an |
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emergency detention under Chapter 573, Health and Safety Code, that |
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begins on or after the effective date of this Act. An emergency |
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detention under Chapter 573, Health and Safety Code, that begins |
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before the effective date of this Act is governed by the law as it |
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existed immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |