Texas 2023 - 88th Regular

Texas Senate Bill SB1433 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hinojosa S.B. No. 1433
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to procedures for the emergency detention of certain
7	7	persons with mental illness.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 573.001(a), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(a) A peace officer, without a warrant, may take a person
12	12	into custody, regardless of the age or location of the person, if
13	13	the officer:
14	14	(1) has reason to believe and does believe that:
15	15	(A) the person is a person with mental illness;
16	16	and
17	17	(B) because of that mental illness there is a
18	18	substantial risk of serious harm to the person or to others unless
19	19	the person is immediately restrained; and
20	20	(2) believes that there is not sufficient time to
21	21	obtain a warrant before taking the person into custody.
22	22	SECTION 2. Section 573.012, Health and Safety Code, is
23	23	amended by amending Subsections (a), (e), and (h) and adding
24	24	Subsection (h-2) to read as follows:
25	25	(a) Except as provided by Subsection (h), an applicant for
26	26	emergency detention must present the application personally to a
27	27	judge or magistrate. The judge or magistrate shall examine the
28	28	application and may interview the applicant. Except as provided by
29	29	Subsections [Subsection] (g) and (h), the judge of a court with
30	30	probate jurisdiction by administrative order may provide that the
31	31	application must be:
32	32	(1) presented personally to the court; or
33	33	(2) retained by court staff and presented to another
34	34	judge or magistrate as soon as is practicable if the judge of the
35	35	court is not available at the time the application is presented.
36	36	(e) A person apprehended under this section who is not
37	37	physically located in a mental health facility at the time the
38	38	warrant is issued under Subsection (h-1) shall be transported for a
39	39	preliminary examination in accordance with Section 573.021 to:
40	40	(1) the nearest appropriate inpatient mental health
41	41	facility; or
42	42	(2) a mental health facility deemed suitable by the
43	43	local mental health authority, if an appropriate inpatient mental
44	44	health facility is not available.
45	45	(h) A judge or magistrate shall [may] permit an applicant
46	46	who is a physician to present an application by:
47	47	(1) e-mail with the application attached as a secure
48	48	document in a portable document format (PDF); or
49	49	(2) another secure electronic means, including:
50	50	(A) satellite transmission;
51	51	(B) closed-circuit television transmission; or
52	52	(C) any other method of two-way electronic
53	53	communication that:
54	54	(i) is secure;
55	55	(ii) is available to the judge or
56	56	magistrate; and
57	57	(iii) provides for a simultaneous,
58	58	compressed full-motion video and interactive communication of
59	59	image and sound between the judge or magistrate and the applicant.
60	60	(h-2) If a judge or magistrate transmits a warrant under
61	61	Subsection (h-1) for the detention of a person who is physically
62	62	located in a facility at the time the application is presented under
63	63	Subsection (h), the facility may detain the person to perform a
64	64	preliminary examination in accordance with Section 573.021.
65	65	SECTION 3. The changes in law made by this Act apply to an
66	66	emergency detention under Chapter 573, Health and Safety Code, that
67	67	begins on or after the effective date of this Act. An emergency
68	68	detention under Chapter 573, Health and Safety Code, that begins
69	69	before the effective date of this Act is governed by the law as it
70	70	existed immediately before that date, and that law is continued in
71	71	effect for that purpose.
72	72	SECTION 4. This Act takes effect September 1, 2023.