By: Shaheen H.B. No. 4610
A BILL TO BE ENTITLED
AN ACT
relating to the emergency detention of certain persons with a
mental illness or cognitive disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.0001, Health and Safety Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Cognitive disability" means a condition that
places certain limitations on a person's mental functioning or
skills. Cognitive disabilities include autism, Down syndrome,
traumatic brain injury, and dementia.
SECTION 2. Section 573.001, Health and Safety Code, is
amended by adding Subsections (i), and (j) to read as follows:
(i) Except as provided by Subsection (j), a peace officer
who transports a person to a facility under Subsection (d) shall
immediately transfer custody of the person to the facility.
(j) If the person transported under Subsection (d) commits
an assault, as described by Section 22.01, Penal Code, against the
peace officer during the transportation, the peace officer is not
required to immediately transfer custody of the person to the
facility.
SECTION 3. Section 573.012, Health and Safety Code, is
amended by amending Subsections (b) and (d) and adding Subsections
(d-1) and (j) to read as follows:
(b) The judge or magistrate shall deny the application
unless the judge or magistrate finds that there is reasonable cause
to believe that:
(1) the person evidences mental illness;
(2) the person evidences a substantial risk of serious
harm to the person [himself] or others;
(3) the risk of harm is imminent unless the person is
immediately restrained; and
(4) the necessary restraint cannot be accomplished
without emergency detention.
(d) The judge or magistrate shall issue to an on-duty peace
officer a warrant for the person's immediate apprehension if the
judge or magistrate finds that each criterion under Subsection (b)
is satisfied. The judge or magistrate shall notify the applicable
law enforcement agency of the warrant by:
(1) e-mail with the warrant attached as a secure
document in a portable document format (PDF); or
(2) secure electronic means, including:
(A) satellite transmission;
(B) closed-circuit television transmission; or
(C) any other method of two-way electronic
communication that:
(i) is secure;
(ii) is available to the judge or
magistrate; and
(iii) provides for a simultaneous,
compressed full-motion video and interactive communication of
image and sound between the judge or magistrate and the agency.
(d-1) A law enforcement agency that receives a warrant
issued under Subsection (d) shall serve the warrant as soon as
practicable after the hour the agency receives the warrant.
(j) A court may not charge a fee in excess of $25 for filing
an application for emergency detention or for issuing a warrant
under this subchapter.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.