87R11246 EAS-D
By: Zaffirini S.B. No. 1511
A BILL TO BE ENTITLED
AN ACT
relating to the emergency detention of certain persons with a
mental illness or cognitive disability and the scope of an order for
psychoactive medication for certain patients under court-ordered
mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.191, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (f), (g), and (h) to read
as follows:
(a) A law enforcement officer who seizes a firearm from a
person taken into custody under Section 573.001 or 573.012, Health
and Safety Code, and not in connection with an offense involving the
use of a weapon or an offense under Chapter 46, Penal Code, shall
immediately provide the person a written copy of the receipt for the
firearm and a written notice of the procedure for the return of a
firearm under this article.
(b) The law enforcement agency holding a firearm subject to
disposition under this article shall, as soon as possible, but not
later than the 15th day after the date the person is taken into
custody under Section 573.001 or 573.012, Health and Safety Code,
provide written notice of the procedure for the return of a firearm
under this article to the last known address of the person's closest
immediate family member as identified by the person or reasonably
identifiable by the law enforcement agency, sent by certified mail,
return receipt requested. The written notice must state the date by
which a request for the return of the firearm must be submitted to
the law enforcement agency as provided by Subsection (h).
(f) A person who receives notice under Subsection (e) may
dispose of the person's firearm by:
(1) releasing the firearm to the person's designee,
if:
(A) the law enforcement agency holding the
firearm conducts a check of state and national criminal history
record information and verifies that the designee may lawfully
possess a firearm under 18 U.S.C. Section 922(g);
(B) the person provides to the law enforcement
agency a copy of a notarized statement releasing the firearm to the
designee; and
(C) the designee provides to the law enforcement
agency an affidavit confirming that the designee:
(i) will not allow access to the firearm by
the person who was taken into custody under Section 573.001 or
573.012, Health and Safety Code, at any time during which the person
may not lawfully possess a firearm under 18 U.S.C. Section 922(g);
and
(ii) acknowledges the responsibility of the
designee and no other person to verify whether the person has
reestablished the person's eligibility to lawfully possess a
firearm under 18 U.S.C. Section 922(g); or
(2) releasing the firearm to the law enforcement
agency holding the firearm, for disposition under Subsection (h).
(g) If a firearm subject to disposition under this article
is wholly or partly owned by a person other than the person taken
into custody under Section 573.001 or 573.012, Health and Safety
Code, the law enforcement agency holding the firearm shall release
the firearm to the person claiming a right to or interest in the
firearm after:
(1) the person provides an affidavit confirming that
the person:
(A) wholly or partly owns the firearm;
(B) will not allow access to the firearm by the
person who was taken into custody under Section 573.001 or 573.012,
Health and Safety Code, at any time during which that person may not
lawfully possess a firearm under 18 U.S.C. Section 922(g); and
(C) acknowledges the responsibility of the
person and no other person to verify whether the person who was
taken into custody under Section 573.001 or 573.012, Health and
Safety Code, has reestablished the person's eligibility to lawfully
possess a firearm under 18 U.S.C. Section 922(g); and
(2) the law enforcement agency holding the firearm
conducts a check of state and national criminal history record
information and verifies that the person claiming a right to or
interest in the firearm may lawfully possess a firearm under 18
U.S.C. Section 922(g).
(h) If a person to whom written notice is provided under
Subsection (b) or another lawful owner of a firearm subject to
disposition under this article does not submit a written request to
the law enforcement agency for the return of the firearm before the
121st day after the date the law enforcement agency holding the
firearm provides written notice under Subsection (b), the law
enforcement agency may have the firearm sold by a person who is a
licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
from the sale of a firearm under this subsection shall be given to
the owner of the seized firearm, less the cost of administering this
subsection. An unclaimed firearm that was seized from a person
taken into custody under Section 573.001 or 573.012, Health and
Safety Code, may not be destroyed or forfeited to the state.
SECTION 2. Section 573.012, Health and Safety Code, is
amended by amending Subsections (a) and (h-1) and adding
Subsections (d-1), (h-2), and (h-3) to read as follows:
(a) Except as provided by Subsection (h) or (h-2), an
applicant for emergency detention must present the application
personally to a judge or magistrate. The judge or magistrate shall
examine the application and may interview the applicant. Except as
provided by Subsection (g), the judge of a court with probate
jurisdiction by administrative order may provide that the
application must be:
(1) presented personally to the court; or
(2) retained by court staff and presented to another
judge or magistrate as soon as is practicable if the judge of the
court is not available at the time the application is presented.
(d-1) A peace officer may immediately seize any firearm
found in the possession of a person for whom a warrant has been
issued under Subsection (d). Article 18.191, Code of Criminal
Procedure, applies to the disposition of a firearm seized by a peace
officer in accordance with this subsection.
(h-1) After the presentation of an application under
Subsection (h) or (h-2), the judge or magistrate may transmit a
warrant to the applicant:
(1) electronically, if a digital signature, as defined
by Article 2.26, Code of Criminal Procedure, is transmitted with
the document; or
(2) by e-mail with the warrant attached as a secure
document in a portable document format (PDF), if the identifiable
legal signature of the judge or magistrate is transmitted with the
document.
(h-2) If the person who is the subject of an application for
emergency detention is receiving care in a hospital or other
facility operated by a local mental health authority, a judge or
magistrate may permit an applicant who is a licensed physician
assistant, nurse practitioner, or nonphysician mental health
professional to present an application in the manner provided by
Subsection (h).
(h-3) In this section, "nonphysician mental health
professional" means:
(A) a psychologist licensed to practice in this
state and designated as a health-service provider;
(B) a registered nurse with a master's or
doctoral degree in psychiatric nursing;
(C) a licensed clinical social worker; or
(D) a licensed professional counselor licensed
to practice in this state.
SECTION 3. Section 574.106, Health and Safety Code, is
amended by adding Subsection (a-2) to read as follows:
(a-2) An order under Subsection (a) includes the authority
to take a patient's blood sample to conduct medically necessary
laboratory tests to ensure that a psychoactive medication is being
safely administered.
SECTION 4. This Act takes effect September 1, 2021.