83R391 AJZ-D
By: Dukes H.B. No. 447
A BILL TO BE ENTITLED
AN ACT
relating to the rights of a person apprehended without a warrant for
emergency detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001, Health and Safety Code, is
amended by adding Subsections (g) and (h) 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 the person will be informed of the person's
rights in accordance with Subsection (h) within three hours after
the time the person is initially transported to a facility by the
peace officer under this section.
(h) A person taken into custody under Subsection (a) must be
informed of the person's rights under Section 573.025 and this
subtitle in simple, nontechnical terms, within three hours after
the time the person is initially transported to a facility under
this section. The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the manner in which the
person is informed of the rights. At a minimum, the rules must
require that:
(1) the person receive a written copy of the rights in
the person's primary language, if possible; and
(2) the rights be explained to the person orally or
through the use of a means reasonably calculated to communicate
with a hearing-impaired or visually impaired person, if applicable.
SECTION 2. 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) Regardless of whether the person was previously
informed under Section 573.001, a [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.
SECTION 3. This Act takes effect September 1, 2013.