H.B. No. 1738
AN ACT
relating to the emergency detention by a peace officer of a person
who may have mental illness, including information provided to the
person subject to detention and a standard form of notification of
detention to be provided to a facility by a peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) A peace officer who takes a person into custody under
Subsection (a) shall immediately inform the person orally in
simple, nontechnical terms:
(1) of the reason for the detention; and
(2) that a staff member of the facility will inform the
person of the person's rights within 24 hours after the time the
person is admitted to a facility, as provided by Section
573.025(b).
SECTION 2. Section 573.002, Health and Safety Code, is
amended to read as follows:
Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF [APPLICATION
FOR] DETENTION. (a) A peace officer shall immediately file with a
facility a notification of [an application for] detention after
transporting a person to that [a] facility in accordance with
[under] Section 573.001.
(b) The notification of [application for] detention must
contain:
(1) a statement that the officer has reason to believe
and does believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe
and does believe that the person evidences a substantial risk of
serious harm to the person [himself] or others;
(3) a specific description of the risk of harm;
(4) a statement that the officer has reason to believe
and does believe that the risk of harm is imminent unless the person
is immediately restrained;
(5) a statement that the officer's beliefs are derived
from specific recent behavior, overt acts, attempts, or threats
that were observed by or reliably reported to the officer;
(6) a detailed description of the specific behavior,
acts, attempts, or threats; and
(7) the name and relationship to the apprehended
person of any person who reported or observed the behavior, acts,
attempts, or threats.
(c) The facility where the person is detained shall include
in the detained person's clinical file the notification of
detention described by this section.
(d) The peace officer shall give the notification of
detention on the following form:
Notification--Emergency DetentionNO. ____________________
DATE:_______________ TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
NOTIFICATION OF EMERGENCY DETENTION
Now comes _____________________________, a peace officer with
(name of agency) _____________________________, of the State of
Texas, and states as follows:
1. I have reason to believe and do believe that (name of person to
be detained) __________________________ evidences mental illness.
2. I have reason to believe and do believe that the above-named
person evidences a substantial risk of serious harm to
himself/herself or others based upon the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. I have reason to believe and do believe that the above risk of
harm is imminent unless the above-named person is immediately
restrained.
4. My beliefs are based upon the following recent behavior, overt
acts, attempts, statements, or threats observed by me or reliably
reported to me:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. The names, addresses, and relationship to the above-named
person of those persons who reported or observed recent behavior,
acts, attempts, statements, or threats of the above-named person
are (if applicable):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
For the above reasons, I present this notification to seek
temporary admission to the (name of facility)
_________________________ inpatient mental health facility or
hospital facility for the detention of (name of person to be
detained) __________________________ on an emergency basis.
6. Was the person restrained in any way? Yes □ No □
_________________________BADGE NO. _____________________
PEACE OFFICER'S SIGNATURE
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
A mental health facility or hospital emergency department may not
require a peace officer to execute any form other than this form as
a predicate to accepting for temporary admission a person detained
under Section 573.001, Texas Health and Safety Code.
(e) A mental health facility or hospital emergency
department may not require a peace officer to execute any form other
than the form provided by Subsection (d) as a predicate to accepting
for temporary admission a person detained under Section 573.001.
SECTION 3. Section 573.021(a), Health and Safety Code, is
amended to read as follows:
(a) A facility shall temporarily accept a person for whom an
application for detention is filed or for whom a peace officer files
a notification of detention under Section 573.002(a).
SECTION 4. Section 573.025, Health and Safety Code, is
amended to read as follows:
Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR
TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended,
detained, or transported for emergency detention under this chapter
has the right:
(1) to be advised of the location of detention, the
reasons for the detention, and the fact that the detention could
result in a longer period of involuntary commitment;
(2) to a reasonable opportunity to communicate with
and retain an attorney;
(3) to be transported to a location as provided by
Section 573.024 if the person is not admitted for emergency
detention, unless the person is arrested or objects;
(4) to be released from a facility as provided by
Section 573.023;
(5) to be advised that communications with a mental
health professional may be used in proceedings for further
detention; [and]
(6) to be transported in accordance with Sections
573.026 and 574.045, if the person is detained under Section
573.022 or transported under an order of protective custody under
Section 574.023; and
(7) to a reasonable opportunity to communicate with a
relative or other responsible person who has a proper interest in
the person's welfare.
(b) A person apprehended, detained, or transported for
emergency detention under this subtitle shall be informed of the
rights provided by this section and this subtitle:
(1) orally in simple, nontechnical terms, within 24
hours after the time the person is admitted to a facility, and in
writing in the person's primary language if possible; or
(2) through the use of a means reasonably calculated
to communicate with a hearing or visually impaired person, if
applicable.
(c) The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the manner in which the
person is informed of the person's rights under this section and
this subtitle.
SECTION 5. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1738 was passed by the House on April
11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1738 on May 16, 2013, by the following vote: Yeas 143, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1738 was passed by the Senate, with
amendments, on May 13, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor