88R12153 MPF-D
By: Cain, et al. H.B. No. 2417
A BILL TO BE ENTITLED
AN ACT
relating to providing a person taken into custody for emergency
detention with information concerning the person's rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001(g), Health and Safety Code, is
amended to read as follows:
(g) A peace officer who takes a person into custody under
Subsection (a) shall immediately inform the person orally in
simple, nontechnical terms:
(1) of the reason for the detention; [and]
(2) of the warning described by Section 2(a), Article
38.22, Code of Criminal Procedure; and
(3) that a staff member of the facility will inform the
person of the person's rights at [within 24 hours after] the time
the person is admitted to a facility and before questioning,
assessing, or examining the person, as provided by Section
573.025(b).
SECTION 2. Section 573.025(b), Health and Safety Code, is
amended to read as follows:
(b) A person apprehended, detained, or transported for
emergency detention under this subtitle shall be informed of the
rights provided by this section and this subtitle:
(1) orally in simple, nontechnical terms, at [within
24 hours after] the time the person is admitted to a facility and
before the person is questioned, assessed, or examined, and in
writing in the person's primary language if possible; or
(2) through the use of a means reasonably calculated
to communicate with a hearing or visually impaired person, if
applicable.
SECTION 3. This Act takes effect September 1, 2023.