83R4659 GCB-D
By: Zaffirini S.B. No. 1593
A BILL TO BE ENTITLED
AN ACT
relating to a standard form of notification for the detention of a
person with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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. ____________________
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.
_________________________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,
Health and Safety Code.
SECTION 2. 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 3. This Act takes effect September 1, 2013.