83R10579 AED-F
By: Collier H.B. No. 3149
A BILL TO BE ENTITLED
AN ACT
relating to an extension for the time a person may be detained in
custody for a preliminary examination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.021(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Section 573.0211, a [A] person
accepted for a preliminary examination may be detained in custody
for not longer than 48 hours after the time the person is presented
to the facility unless a written order for protective custody is
obtained. The 48-hour period allowed by this section includes any
time the patient spends waiting in the facility for medical care
before the person receives the preliminary examination. If the
48-hour period ends on a Saturday, Sunday, legal holiday, or before
4 p.m. on the first succeeding business day, the person may be
detained until 4 p.m. on the first succeeding business day. If the
48-hour period ends at a different time, the person may be detained
only until 4 p.m. on the day the 48-hour period ends. If extremely
hazardous weather conditions exist or a disaster occurs, the
presiding judge or magistrate may, by written order made each day,
extend by an additional 24 hours the period during which the person
may be detained. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster.
SECTION 2. Subchapter C, Chapter 573, Health and Safety
Code, is amended by adding Section 573.0211 to read as follows:
Sec. 573.0211. PRELIMINARY EXAMINATION EXTENSION. (a) A
county may adopt the procedure provided by this section to extend
the period for a preliminary examination if a majority of the judges
of courts that have probate jurisdiction in the county approve the
adoption.
(b) If during the examination required under Section
573.021(c) the physician determines that there is a reasonable
medical probability that additional evaluation, observation, or
treatment is needed to properly assess the person and determine if
the person needs court-ordered mental health services, the
physician and the person may agree to extend the detention beyond
the 48-hour period allowed under Section 573.021(b). The physician
and person may agree to a new extension for the detention period
only if:
(1) the person is represented by an attorney;
(2) the physician and the person, after consultation
with the person's attorney, agree that extending the detention
period is in the best interest of the person;
(3) the agreement is reflected in writing;
(4) the new extension period does not exceed 96 hours;
and
(5) the person and the person's attorney are provided a
copy of the written agreement.
(c) A judge of a court having probate jurisdiction in the
county may appoint an attorney to represent a person who requests an
extension under this section. An attorney appointed under this
section is subject to the requirements of Section 574.004.
SECTION 3. This Act takes effect September 1, 2013.