Texas 2011 - 82nd Regular

Texas Senate Bill SB44 Compare Versions

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Old	New	Differences
1	1	82R29800 AJZ-D
2	2	By: Zaffirini, et al. S.B. No. 44
3	3	(Guillen)
4	4	Substitute the following for S.B. No. 44: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the detention and transportation of a person with a
10	10	mental illness.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 573.001(e) and (f), Health and Safety
13	13	Code, are amended to read as follows:
14	14	(e) A jail or similar detention facility may not be deemed
15	15	suitable for detention of a person taken into custody under this
16	16	section except in an extreme emergency that exists because of
17	17	hazardous weather or the occurrence of a disaster that threatens
18	18	the safety of the proposed patient or person transporting the
19	19	proposed patient. In the event of an extreme emergency, a person
20	20	may be detained in a jail or similar detention facility under this
21	21	subsection during the extreme emergency and for not longer than 12
22	22	hours after the extreme emergency ends. The sheriff or other
23	23	officeholder responsible for the facility shall document and report
24	24	the following to the Commission on Jail Standards on a monthly basis
25	25	for each person detained in a jail or similar detention facility:
26	26	(1) the time the person's detention begins;
27	27	(2) the duration of the detention;
28	28	(3) the reason for the detention; and
29	29	(4) the time a representative of the local mental
30	30	health authority is notified and arrives at the facility.
31	31	(f) The sheriff or officeholder responsible for [A person
32	32	detained in] a jail or a similar detention [nonmedical] facility
33	33	shall ensure that a person detained in the jail or similar detention
34	34	facility is [be] kept separate from any person who is charged with
35	35	or convicted of a crime.
36	36	SECTION 2. Section 574.023, Health and Safety Code, is
37	37	amended by adding Subsection (e) to read as follows:
38	38	(e) A person taken into custody under this section may be
39	39	detained only in the manner provided by Section 574.027.
40	40	SECTION 3. Section 574.027, Health and Safety Code, is
41	41	amended by amending Subsections (c) and (d) and adding Subsection
42	42	(c-1) to read as follows:
43	43	(c) A person under a protective custody order may not be
44	44	detained in a jail or nonmedical facility used to detain persons who
45	45	are charged with or convicted of a crime except because of and
46	46	during an extreme emergency that exists because of hazardous
47	47	weather or the occurrence of a disaster that threatens the safety of
48	48	the proposed patient or the person transporting the proposed
49	49	patient. In the event of an extreme emergency, a person may be
50	50	detained in a jail or nonmedical facility under this subsection
51	51	during the extreme emergency and for not longer than 12 hours after
52	52	the extreme emergency ends. The sheriff or other officeholder
53	53	responsible for the facility shall document and report the
54	54	following to the Commission on Jail Standards on a monthly basis for
55	55	each person detained in the jail or nonmedical facility:
56	56	(1) the time the person's detention begins;
57	57	(2) the duration of the detention;
58	58	(3) the reason for the detention; and
59	59	(4) the time a representative of the local mental
60	60	health authority is notified and arrives at the facility [and in no
61	61	case for longer than 72 hours, excluding Saturdays, Sundays, legal
62	62	holidays, and the period prescribed by Section 574.025(b) for an
63	63	extreme emergency. The person must be isolated from any person who
64	64	is charged with or convicted of a crime].
65	65	(c-1) The sheriff or officeholder responsible for a jail or
66	66	a nonmedical facility described by Subsection (c) shall ensure that
67	67	a person detained in the jail or facility under Subsection (c) is
68	68	kept separate from any person who is charged with or convicted of a
69	69	crime.
70	70	(d) The county health authority shall ensure that proper
71	71	care and medical attention are made available to a person who is
72	72	detained in a jail or nonmedical facility under Subsection (c).
73	73	SECTION 4. Section 574.045, Health and Safety Code, is
74	74	amended by adding Subsection (l) to read as follows:
75	75	(l) A patient restrained under Subsection (g) may be
76	76	restrained only during the apprehension, detention, or
77	77	transportation of the patient. The method of restraint must permit
78	78	the patient to sit in an upright position without undue difficulty.
79	79	SECTION 5. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2011.