83R3240 EES-D
By: Zaffirini S.B. No. 1591
A BILL TO BE ENTITLED
AN ACT
relating to the emergency detention of persons with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.018(a), Health and Safety Code, is
amended to read as follows:
(a) The costs for a hearing or proceeding under this
subtitle shall be paid by:
(1) the county that initiates emergency detention
procedures under Subchapter A [or B], Chapter 573; or
(2) if no emergency detention procedures are
initiated, the county that accepts an application for court-ordered
mental health services, issues an order for protective custody, or
issues an order for temporary mental health services.
SECTION 2. Section 572.004, Health and Safety Code, is
amended by amending Subsections (d) and (f) and adding Subsections
(d-1) and (d-2) to read as follows:
(d) A physician who has reasonable cause to believe that a
patient might meet the criteria for court-ordered mental health
services or emergency detention shall examine the patient as soon
as possible within 24 hours after the time the request for discharge
is filed. The physician shall discharge the patient on completion
of the examination unless the physician determines that the person
meets the criteria for court-ordered mental health services or
emergency detention. If the physician makes a determination that
the patient meets the criteria for court-ordered mental health
services or emergency detention, the physician shall, not later
than 4 p.m. on the next succeeding business day after the date on
which the examination occurs:
(1) [, either] discharge the patient; [or]
(2) file an application for court-ordered mental
health services [or emergency detention] and obtain a written order
for further detention; or
(3) arrange for the patient to be apprehended by a
peace officer or transported for emergency detention under
Subchapter A, Chapter 573.
(d-1) The physician shall notify the patient if the
physician intends to:
(1) detain the patient under Subsection (d);
(2) [this subsection or intends to] file an
application for court-ordered mental health services; or
(3) arrange for the patient to be apprehended by a
peace officer or transported for emergency detention under
Subchapter A, Chapter 573 [emergency detention].
(d-2) A decision to detain a patient under Subsection (d)
[this subsection] and the reasons for the decision shall be made a
part of the patient's clinical record.
(f) The patient is not entitled to leave the facility if
before the end of the period prescribed by this section:
(1) a written withdrawal of the request for discharge
is filed; [or]
(2) an application for court-ordered mental health
services [or emergency detention] is filed and the patient is
detained in accordance with this subtitle; or
(3) the patient is apprehended by a peace officer or
transported for emergency detention under Subchapter A, Chapter
573, and detained in accordance with this subtitle.
SECTION 3. The heading to Section 573.001, Health and
Safety Code, is amended to read as follows:
Sec. 573.001. APPREHENSION BY PEACE OFFICER [WITHOUT
WARRANT].
SECTION 4. Sections 573.001(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A peace officer[, without a warrant,] may take a person
into custody if the officer[:
[(1)] has reason to believe and does believe that:
(1) [(A)] the person is mentally ill; and
(2) [(B)] because of that mental illness there is a
substantial risk of serious harm to the person or to others unless
the person is immediately restrained[; and
[(2) believes that there is not sufficient time to
obtain a warrant before taking the person into custody].
(b) A substantial risk of serious harm to the person or
others under Subsection (a)(2) [(a)(1)(B)] may be demonstrated by:
(1) the person's behavior; or
(2) evidence of severe emotional distress and
deterioration in the person's mental condition to the extent that
the person cannot remain at liberty.
SECTION 5. Section 573.023(a), Health and Safety Code, is
amended to read as follows:
(a) A person apprehended by a peace officer or transported
for emergency detention under Subchapter A [or detained under
Subchapter B] shall be released on completion of the preliminary
examination unless the person is admitted to a facility under
Section 573.022.
SECTION 6. Section 573.024(c), Health and Safety Code, is
amended to read as follows:
(c) If the person was apprehended by a peace officer under
Subchapter A, arrangements must be made to immediately transport
the person. If the person was transported for emergency detention
under Subchapter A [or detained under Subchapter B], the person is
entitled to reasonably prompt transportation.
SECTION 7. The following provisions are repealed:
(1) Section 54.1358(c), Government Code;
(2) Section 54.858(c), Government Code; and
(3) Subchapter B, Chapter 573, Health and Safety Code.
SECTION 8. This Act takes effect September 1, 2013.