Texas 2021 - 87th Regular

Texas Senate Bill SB1511 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11246 EAS-D
2	2	By: Zaffirini S.B. No. 1511
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the emergency detention of certain persons with a
8	8	mental illness or cognitive disability and the scope of an order for
9	9	psychoactive medication for certain patients under court-ordered
10	10	mental health services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 18.191, Code of Criminal Procedure, is
13	13	amended by amending Subsections (a), (b), (f), (g), and (h) to read
14	14	as follows:
15	15	(a) A law enforcement officer who seizes a firearm from a
16	16	person taken into custody under Section 573.001 or 573.012, Health
17	17	and Safety Code, and not in connection with an offense involving the
18	18	use of a weapon or an offense under Chapter 46, Penal Code, shall
19	19	immediately provide the person a written copy of the receipt for the
20	20	firearm and a written notice of the procedure for the return of a
21	21	firearm under this article.
22	22	(b) The law enforcement agency holding a firearm subject to
23	23	disposition under this article shall, as soon as possible, but not
24	24	later than the 15th day after the date the person is taken into
25	25	custody under Section 573.001 or 573.012, Health and Safety Code,
26	26	provide written notice of the procedure for the return of a firearm
27	27	under this article to the last known address of the person's closest
28	28	immediate family member as identified by the person or reasonably
29	29	identifiable by the law enforcement agency, sent by certified mail,
30	30	return receipt requested. The written notice must state the date by
31	31	which a request for the return of the firearm must be submitted to
32	32	the law enforcement agency as provided by Subsection (h).
33	33	(f) A person who receives notice under Subsection (e) may
34	34	dispose of the person's firearm by:
35	35	(1) releasing the firearm to the person's designee,
36	36	if:
37	37	(A) the law enforcement agency holding the
38	38	firearm conducts a check of state and national criminal history
39	39	record information and verifies that the designee may lawfully
40	40	possess a firearm under 18 U.S.C. Section 922(g);
41	41	(B) the person provides to the law enforcement
42	42	agency a copy of a notarized statement releasing the firearm to the
43	43	designee; and
44	44	(C) the designee provides to the law enforcement
45	45	agency an affidavit confirming that the designee:
46	46	(i) will not allow access to the firearm by
47	47	the person who was taken into custody under Section 573.001 or
48	48	573.012, Health and Safety Code, at any time during which the person
49	49	may not lawfully possess a firearm under 18 U.S.C. Section 922(g);
50	50	and
51	51	(ii) acknowledges the responsibility of the
52	52	designee and no other person to verify whether the person has
53	53	reestablished the person's eligibility to lawfully possess a
54	54	firearm under 18 U.S.C. Section 922(g); or
55	55	(2) releasing the firearm to the law enforcement
56	56	agency holding the firearm, for disposition under Subsection (h).
57	57	(g) If a firearm subject to disposition under this article
58	58	is wholly or partly owned by a person other than the person taken
59	59	into custody under Section 573.001 or 573.012, Health and Safety
60	60	Code, the law enforcement agency holding the firearm shall release
61	61	the firearm to the person claiming a right to or interest in the
62	62	firearm after:
63	63	(1) the person provides an affidavit confirming that
64	64	the person:
65	65	(A) wholly or partly owns the firearm;
66	66	(B) will not allow access to the firearm by the
67	67	person who was taken into custody under Section 573.001 or 573.012,
68	68	Health and Safety Code, at any time during which that person may not
69	69	lawfully possess a firearm under 18 U.S.C. Section 922(g); and
70	70	(C) acknowledges the responsibility of the
71	71	person and no other person to verify whether the person who was
72	72	taken into custody under Section 573.001 or 573.012, Health and
73	73	Safety Code, has reestablished the person's eligibility to lawfully
74	74	possess a firearm under 18 U.S.C. Section 922(g); and
75	75	(2) the law enforcement agency holding the firearm
76	76	conducts a check of state and national criminal history record
77	77	information and verifies that the person claiming a right to or
78	78	interest in the firearm may lawfully possess a firearm under 18
79	79	U.S.C. Section 922(g).
80	80	(h) If a person to whom written notice is provided under
81	81	Subsection (b) or another lawful owner of a firearm subject to
82	82	disposition under this article does not submit a written request to
83	83	the law enforcement agency for the return of the firearm before the
84	84	121st day after the date the law enforcement agency holding the
85	85	firearm provides written notice under Subsection (b), the law
86	86	enforcement agency may have the firearm sold by a person who is a
87	87	licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
88	88	from the sale of a firearm under this subsection shall be given to
89	89	the owner of the seized firearm, less the cost of administering this
90	90	subsection. An unclaimed firearm that was seized from a person
91	91	taken into custody under Section 573.001 or 573.012, Health and
92	92	Safety Code, may not be destroyed or forfeited to the state.
93	93	SECTION 2. Section 573.012, Health and Safety Code, is
94	94	amended by amending Subsections (a) and (h-1) and adding
95	95	Subsections (d-1), (h-2), and (h-3) to read as follows:
96	96	(a) Except as provided by Subsection (h) or (h-2), an
97	97	applicant for emergency detention must present the application
98	98	personally to a judge or magistrate. The judge or magistrate shall
99	99	examine the application and may interview the applicant. Except as
100	100	provided by Subsection (g), the judge of a court with probate
101	101	jurisdiction by administrative order may provide that the
102	102	application must be:
103	103	(1) presented personally to the court; or
104	104	(2) retained by court staff and presented to another
105	105	judge or magistrate as soon as is practicable if the judge of the
106	106	court is not available at the time the application is presented.
107	107	(d-1) A peace officer may immediately seize any firearm
108	108	found in the possession of a person for whom a warrant has been
109	109	issued under Subsection (d). Article 18.191, Code of Criminal
110	110	Procedure, applies to the disposition of a firearm seized by a peace
111	111	officer in accordance with this subsection.
112	112	(h-1) After the presentation of an application under
113	113	Subsection (h) or (h-2), the judge or magistrate may transmit a
114	114	warrant to the applicant:
115	115	(1) electronically, if a digital signature, as defined
116	116	by Article 2.26, Code of Criminal Procedure, is transmitted with
117	117	the document; or
118	118	(2) by e-mail with the warrant attached as a secure
119	119	document in a portable document format (PDF), if the identifiable
120	120	legal signature of the judge or magistrate is transmitted with the
121	121	document.
122	122	(h-2) If the person who is the subject of an application for
123	123	emergency detention is receiving care in a hospital or other
124	124	facility operated by a local mental health authority, a judge or
125	125	magistrate may permit an applicant who is a licensed physician
126	126	assistant, nurse practitioner, or nonphysician mental health
127	127	professional to present an application in the manner provided by
128	128	Subsection (h).
129	129	(h-3) In this section, "nonphysician mental health
130	130	professional" means:
131	131	(A) a psychologist licensed to practice in this
132	132	state and designated as a health-service provider;
133	133	(B) a registered nurse with a master's or
134	134	doctoral degree in psychiatric nursing;
135	135	(C) a licensed clinical social worker; or
136	136	(D) a licensed professional counselor licensed
137	137	to practice in this state.
138	138	SECTION 3. Section 574.106, Health and Safety Code, is
139	139	amended by adding Subsection (a-2) to read as follows:
140	140	(a-2) An order under Subsection (a) includes the authority
141	141	to take a patient's blood sample to conduct medically necessary
142	142	laboratory tests to ensure that a psychoactive medication is being
143	143	safely administered.
144	144	SECTION 4. This Act takes effect September 1, 2021.