| 1 | 1 | | 87R1746 EAS-F |
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| 2 | 2 | | By: Miles S.B. No. 427 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to preliminary examination periods for mental health |
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| 8 | 8 | | protective custody. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 573.021(b), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) A person accepted for a preliminary examination may be |
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| 13 | 13 | | detained in custody for not longer than 72 [48] hours after the time |
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| 14 | 14 | | the person is presented to the facility unless a written order for |
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| 15 | 15 | | protective custody is obtained. The 72-hour [48-hour] period |
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| 16 | 16 | | allowed by this section includes any time the patient spends |
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| 17 | 17 | | waiting in the facility for medical care before the person receives |
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| 18 | 18 | | the preliminary examination. If the 72-hour [48-hour] period ends |
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| 19 | 19 | | on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first |
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| 20 | 20 | | succeeding business day, the person may be detained until 4 p.m. on |
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| 21 | 21 | | the first succeeding business day. If the 72-hour [48-hour] period |
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| 22 | 22 | | ends at a different time, the person may be detained only until 4 |
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| 23 | 23 | | p.m. on the day the 72-hour [48-hour] period ends. If extremely |
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| 24 | 24 | | hazardous weather conditions exist or a disaster occurs, the |
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| 25 | 25 | | presiding judge or magistrate may, by written order made each day, |
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| 26 | 26 | | extend by an additional 24 hours the period during which the person |
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| 27 | 27 | | may be detained. The written order must declare that an emergency |
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| 28 | 28 | | exists because of the weather or the occurrence of a disaster. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act to Section |
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| 30 | 30 | | 573.021, Health and Safety Code, applies to an emergency detention |
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| 31 | 31 | | that begins on or after the effective date of this Act. An emergency |
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| 32 | 32 | | detention that begins before the effective date of this Act is |
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| 33 | 33 | | governed by the law as it existed immediately before that date, and |
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| 34 | 34 | | that law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2021. |
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