| 1 | 1 | | By: Shaheen H.B. No. 4610 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the emergency detention of certain persons with a |
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| 7 | 7 | | mental illness or cognitive disability. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 573.0001, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Subdivision (3) to read as follows: |
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| 11 | 11 | | (3) "Cognitive disability" means a condition that |
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| 12 | 12 | | places certain limitations on a person's mental functioning or |
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| 13 | 13 | | skills. Cognitive disabilities include autism, Down syndrome, |
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| 14 | 14 | | traumatic brain injury, and dementia. |
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| 15 | 15 | | SECTION 2. Section 573.001, Health and Safety Code, is |
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| 16 | 16 | | amended by adding Subsections (i), and (j) to read as follows: |
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| 17 | 17 | | (i) Except as provided by Subsection (j), a peace officer |
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| 18 | 18 | | who transports a person to a facility under Subsection (d) shall |
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| 19 | 19 | | immediately transfer custody of the person to the facility. |
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| 20 | 20 | | (j) If the person transported under Subsection (d) commits |
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| 21 | 21 | | an assault, as described by Section 22.01, Penal Code, against the |
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| 22 | 22 | | peace officer during the transportation, the peace officer is not |
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| 23 | 23 | | required to immediately transfer custody of the person to the |
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| 24 | 24 | | facility. |
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| 25 | 25 | | SECTION 3. Section 573.012, Health and Safety Code, is |
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| 26 | 26 | | amended by amending Subsections (b) and (d) and adding Subsections |
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| 27 | 27 | | (d-1) and (j) to read as follows: |
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| 28 | 28 | | (b) The judge or magistrate shall deny the application |
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| 29 | 29 | | unless the judge or magistrate finds that there is reasonable cause |
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| 30 | 30 | | to believe that: |
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| 31 | 31 | | (1) the person evidences mental illness; |
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| 32 | 32 | | (2) the person evidences a substantial risk of serious |
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| 33 | 33 | | harm to the person [himself] or others; |
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| 34 | 34 | | (3) the risk of harm is imminent unless the person is |
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| 35 | 35 | | immediately restrained; and |
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| 36 | 36 | | (4) the necessary restraint cannot be accomplished |
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| 37 | 37 | | without emergency detention. |
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| 38 | 38 | | (d) The judge or magistrate shall issue to an on-duty peace |
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| 39 | 39 | | officer a warrant for the person's immediate apprehension if the |
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| 40 | 40 | | judge or magistrate finds that each criterion under Subsection (b) |
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| 41 | 41 | | is satisfied. The judge or magistrate shall notify the applicable |
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| 42 | 42 | | law enforcement agency of the warrant by: |
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| 43 | 43 | | (1) e-mail with the warrant attached as a secure |
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| 44 | 44 | | document in a portable document format (PDF); or |
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| 45 | 45 | | (2) secure electronic means, including: |
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| 46 | 46 | | (A) satellite transmission; |
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| 47 | 47 | | (B) closed-circuit television transmission; or |
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| 48 | 48 | | (C) any other method of two-way electronic |
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| 49 | 49 | | communication that: |
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| 50 | 50 | | (i) is secure; |
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| 51 | 51 | | (ii) is available to the judge or |
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| 52 | 52 | | magistrate; and |
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| 53 | 53 | | (iii) provides for a simultaneous, |
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| 54 | 54 | | compressed full-motion video and interactive communication of |
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| 55 | 55 | | image and sound between the judge or magistrate and the agency. |
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| 56 | 56 | | (d-1) A law enforcement agency that receives a warrant |
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| 57 | 57 | | issued under Subsection (d) shall serve the warrant as soon as |
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| 58 | 58 | | practicable after the hour the agency receives the warrant. |
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| 59 | 59 | | (j) A court may not charge a fee in excess of $25 for filing |
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| 60 | 60 | | an application for emergency detention or for issuing a warrant |
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| 61 | 61 | | under this subchapter. |
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| 62 | 62 | | SECTION 4. This Act takes effect immediately if it receives |
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| 63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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| 64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 65 | 65 | | Act does not receive the vote necessary for immediate effect, this |
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| 66 | 66 | | Act takes effect September 1, 2019. |
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