| 1 | 1 | | 88R12153 MPF-D |
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| 2 | 2 | | By: Cain, et al. H.B. No. 2417 |
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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 providing a person taken into custody for emergency |
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| 8 | 8 | | detention with information concerning the person's rights. |
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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 573.001(g), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (g) A peace officer who takes a person into custody under |
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| 13 | 13 | | Subsection (a) shall immediately inform the person orally in |
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| 14 | 14 | | simple, nontechnical terms: |
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| 15 | 15 | | (1) of the reason for the detention; [and] |
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| 16 | 16 | | (2) of the warning described by Section 2(a), Article |
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| 17 | 17 | | 38.22, Code of Criminal Procedure; and |
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| 18 | 18 | | (3) that a staff member of the facility will inform the |
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| 19 | 19 | | person of the person's rights at [within 24 hours after] the time |
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| 20 | 20 | | the person is admitted to a facility and before questioning, |
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| 21 | 21 | | assessing, or examining the person, as provided by Section |
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| 22 | 22 | | 573.025(b). |
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| 23 | 23 | | SECTION 2. Section 573.025(b), Health and Safety Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (b) A person apprehended, detained, or transported for |
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| 26 | 26 | | emergency detention under this subtitle shall be informed of the |
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| 27 | 27 | | rights provided by this section and this subtitle: |
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| 28 | 28 | | (1) orally in simple, nontechnical terms, at [within |
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| 29 | 29 | | 24 hours after] the time the person is admitted to a facility and |
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| 30 | 30 | | before the person is questioned, assessed, or examined, and in |
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| 31 | 31 | | writing in the person's primary language if possible; or |
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| 32 | 32 | | (2) through the use of a means reasonably calculated |
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| 33 | 33 | | to communicate with a hearing or visually impaired person, if |
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| 34 | 34 | | applicable. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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