Texas 2013 - 83rd Regular

Texas Senate Bill SB36 Compare Versions

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1	1	By: Zaffirini S.B. No. 36
2	2	(In the Senate - Filed November 12, 2012; January 28, 2013,
3	3	read first time and referred to Committee on Health and Human
4	4	Services; March 13, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 0;
6	6	March 13, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 36 By: Zaffirini
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the detention and transportation of a person with a
13	13	mental illness.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 573.001, Health and Safety Code, is
16	16	amended by amending Subsections (e) and (f) and adding Subsection
17	17	(e-1) to read as follows:
18	18	(e) A jail or similar detention facility may not be deemed
19	19	suitable for detention of a person taken into custody under this
20	20	section except in an extreme emergency that exists because of
21	21	hazardous weather or the occurrence of a disaster that threatens
22	22	the safety of the proposed patient or person transporting the
23	23	proposed patient. In the event of an extreme emergency, a person
24	24	may be detained in a jail or similar detention facility under this
25	25	subsection during the extreme emergency and for not longer than 12
26	26	hours after the extreme emergency ends. The sheriff or other
27	27	officeholder responsible for the facility shall only be required to
28	28	document and report the following to the Commission on Jail
29	29	Standards for each person detained in a jail or similar detention
30	30	facility for any month in which a person is detained under this
31	31	subsection:
32	32	(1) the time the person's detention begins;
33	33	(2) the duration of the detention;
34	34	(3) the reason for the detention; and
35	35	(4) the time a representative of the local mental
36	36	health authority is notified and arrives at the facility.
37	37	(e-1) For any month in which a report is required under
38	38	Subsection (e), the report must be submitted no later than the 15th
39	39	day of the following month.
40	40	(f) The sheriff or officeholder responsible for [A person
41	41	detained in] a jail or a similar detention [nonmedical] facility
42	42	shall ensure that a person detained in the jail or similar detention
43	43	facility is [be] kept separate from any person who is charged with
44	44	or convicted of a crime.
45	45	SECTION 2. Section 574.023, Health and Safety Code, is
46	46	amended by adding Subsection (e) to read as follows:
47	47	(e) A person taken into custody under this section may be
48	48	detained only in the manner provided by Section 574.027.
49	49	SECTION 3. Section 574.027, Health and Safety Code, is
50	50	amended by amending Subsections (c) and (d) and adding Subsections
51	51	(c-1) and (c-2) to read as follows:
52	52	(c) A person under a protective custody order may not be
53	53	detained in a jail or nonmedical facility used to detain persons who
54	54	are charged with or convicted of a crime except because of and
55	55	during an extreme emergency that exists because of hazardous
56	56	weather or the occurrence of a disaster that threatens the safety of
57	57	the proposed patient or the person transporting the proposed
58	58	patient. In the event of an extreme emergency, a person may be
59	59	detained in a jail or nonmedical facility under this subsection
60	60	during the extreme emergency and for not longer than 12 hours after
61	61	the extreme emergency ends. The sheriff or other officeholder
62	62	responsible for the facility shall only be required to document and
63	63	report the following to the Commission on Jail Standards for each
64	64	person detained in the jail or nonmedical facility for any month in
65	65	which a person is detained under this subsection:
66	66	(1) the time the person's detention begins;
67	67	(2) the duration of the detention;
68	68	(3) the reason for the detention; and
69	69	(4) the time a representative of the local mental
70	70	health authority is notified and arrives at the facility [and in no
71	71	case for longer than 72 hours, excluding Saturdays, Sundays, legal
72	72	holidays, and the period prescribed by Section 574.025(b) for an
73	73	extreme emergency. The person must be isolated from any person who
74	74	is charged with or convicted of a crime].
75	75	(c-1) The sheriff or officeholder responsible for a jail or
76	76	a nonmedical facility described by Subsection (c) shall ensure that
77	77	a person detained in the jail or facility under Subsection (c) is
78	78	kept separate from any person who is charged with or convicted of a
79	79	crime.
80	80	(c-2) For any month in which a report is required under
81	81	Subsection (c), the report must be submitted not later than the 15th
82	82	day of the following month.
83	83	(d) The county health authority shall ensure that proper
84	84	care and medical attention are made available to a person who is
85	85	detained in a jail or nonmedical facility under Subsection (c).
86	86	SECTION 4. Section 574.045, Health and Safety Code, is
87	87	amended by adding Subsection (l) to read as follows:
88	88	(l) A patient restrained under Subsection (g) may be
89	89	restrained only during the apprehension, detention, or
90	90	transportation of the patient. The method of restraint must permit
91	91	the patient to sit in an upright position without undue difficulty.
92	92	SECTION 5. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2013.
97	97	* * * * *