By: Lucio S.B. No. 1358
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on Criminal Justice;
May 10, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 10, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1358 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to electronically transmitting a warrant for emergency
detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.012, Health and Safety Code, is
amended by amending Subsection (h) and adding Subsection (h-1) to
read as follows:
(h) A judge or magistrate may 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) secure electronic means, including:
(A) satellite transmission;
(B) [,] closed-circuit television
transmission;[,] or
(C) any other method of two-way electronic
communication that:
(i) [(1)] is secure;
(ii) [(2)] is available to the judge or
magistrate; and
(iii) [(3)] provides for a simultaneous,
compressed full-motion video and interactive communication of
image and sound between the judge or magistrate and the applicant.
(h-1) After the presentation of an application under
Subsection (h), the judge or magistrate may transmit a warrant to
the applicant:
(1) electronically, if a digital signature, as defined
by Article 2.26, 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. This Act takes effect September 1, 2011.
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