Texas House Bill HB4610

Texas 2019 - 86th Regular

Caption

Relating to the emergency detention of certain persons with a mental illness or cognitive disability.

Impact

The bill impacts state laws by establishing more precise protocols for law enforcement when detaining individuals suffering from mental illnesses. It specifies that peace officers must transfer custody of individuals to appropriate facilities promptly, unless the individual poses a threat during transport. Furthermore, it creates a system for judges to issue warrants for immediate apprehension under certain criteria, thus enhancing the legal framework surrounding mental health emergencies. This legislative change would likely streamline the process of emergency detentions, aligning the legal language with contemporary understandings of mental health conditions.

Summary

House Bill 4610 focuses on the emergency detention provisions for individuals with mental illnesses or cognitive disabilities. It seeks to amend the Health and Safety Code to clarify definitions and procedures related to the detention of such individuals. Notably, the bill introduces the term 'cognitive disability,' which encompasses several conditions including autism, Down syndrome, traumatic brain injury, and dementia. This addition is aimed at addressing the needs of a wider range of individuals who may require emergency intervention due to their mental health status.

Contention

While the bill is generally seen as a step forward for mental health legislation, there may be concerns regarding the implementation of these new procedures and their potential implications for civil liberties. Law enforcement's role in emergency detentions, coupled with the precise definitions of mental illness and cognitive disabilities, could lead to debates about the appropriate limits of police authority in mental health crises. Additionally, there might be discussions on the adequacy of resources and training for officers in handling such sensitive situations to prevent any possible misuse of power.