BILL ANALYSIS Senate Research Center C.S.S.B. 1358 82R26881 AJZ-D By: Lucio Criminal Justice 5/6/2011 Committee Report (Substituted)
BILL ANALYSIS
Senate Research Center C.S.S.B. 1358
82R26881 AJZ-D By: Lucio
Criminal Justice
5/6/2011
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1358
82R26881 AJZ-D
By: Lucio
Criminal Justice
5/6/2011
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, when a physician applies for an emergency detention warrant in order to transfer a patient to a mental health facility, the Health and Safety Code requires that the doctor physically deliver the application unless transmission is done through secure electronic means. However, the code does not expressly allow the judge to sign and return the application electronically, leaving hospitals and doctors waiting to hear back from judges in order to transfer a patient to an appropriate care setting. C.S.S.B. 1358 amends current law relating to electronically transmitting a warrant for emergency detention. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 573.012, Health and Safety Code, by amending Subsection (h) and adding Subsection (h-1), as follows: (h) Authorizes a judge or magistrate to permit an applicant who is a physician to present an application by: (1) e-mail with the application attached as a secure document in a portable document format (PDF); or (2) Creates this subdivision from existing text. Makes nonsubstantive changes. (h-1) Authorizes the judge or magistrate, after the presentation of an application under Subsection (h), to transmit a warrant to the applicant: (1) electronically if a digital signature, as defined by Article 2.26 (Digital Signature and Electronic Documents), Code of Criminal Procedure, is transmitted with the document; or (2) by e-mail with the warrant attached as a secure document in a portable document format (PDF), if the identifiable legal signature of the judge or magistrate is transmitted with the document. SECTION 2. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, when a physician applies for an emergency detention warrant in order to transfer a patient to a mental health facility, the Health and Safety Code requires that the doctor physically deliver the application unless transmission is done through secure electronic means.
However, the code does not expressly allow the judge to sign and return the application electronically, leaving hospitals and doctors waiting to hear back from judges in order to transfer a patient to an appropriate care setting.
C.S.S.B. 1358 amends current law relating to electronically transmitting a warrant for emergency detention.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 573.012, Health and Safety Code, by amending Subsection (h) and adding Subsection (h-1), as follows:
(h) Authorizes a judge or magistrate to permit an applicant who is a physician to present an application by:
(1) e-mail with the application attached as a secure document in a portable document format (PDF); or
(2) Creates this subdivision from existing text. Makes nonsubstantive changes.
(h-1) Authorizes the judge or magistrate, after the presentation of an application under Subsection (h), to transmit a warrant to the applicant:
(1) electronically if a digital signature, as defined by Article 2.26 (Digital Signature and Electronic Documents), Code of Criminal Procedure, is transmitted with the document; or
(2) by e-mail with the warrant attached as a secure document in a portable document format (PDF), if the identifiable legal signature of the judge or magistrate is transmitted with the document.
SECTION 2. Effective date: September 1, 2011.