Texas 2023 - 88th Regular

Texas Senate Bill SB2287

Filed
3/10/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.

Impact

The bill impacts existing state laws by amending the Health and Safety Code to facilitate emergency responses to mental health crises. It empowers healthcare facilities to detain individuals temporarily, thereby broadening the scope of intervention possibilities for healthcare professionals. This legislative change aims to enhance the support framework and streamline processes for dealing with mental health emergencies, ultimately resulting in a more effective response in critical situations. This aligns with broader efforts to offer timely mental health care and reduce the risks associated with untreated mental illnesses.

Summary

Senate Bill 2287 aims to clarify and expand the authority of peace officers and certain medical facilities regarding the emergency detention of individuals with mental illness. Specifically, the bill allows peace officers to detain individuals believed to be a risk to themselves or others due to mental health issues, without a warrant, if immediate action is required. A significant aspect of the bill is its recognition of 'temporary detention' policies that can be employed by various health facilities, ensuring mental health interventions can occur promptly and effectively during crises.

Sentiment

The sentiment surrounding SB 2287 appears to be mixed, reflecting a divide among stakeholders. Supporters, including some mental health advocates and law enforcement representatives, argue that the bill provides necessary tools for rapid response in crisis situations, potentially saving lives. On the other hand, opponents have raised concerns over the implications for individual autonomy and the potential for misuse of detention powers, fearing that it could lead to negative outcomes for individuals seeking mental health support. This polarization highlights ongoing tensions regarding mental health policies and law enforcement involvement.

Contention

Notable points of contention in the discussions surrounding SB 2287 include concerns about the adequacy of safeguards protecting individuals' rights during emergency detentions. Critics emphasize the importance of ensuring that such measures do not infringe on personal liberties or result in unnecessary detainment of individuals who may just need support rather than coercive interventions. The debate thus emphasizes the balance that must be struck between effective crisis management and protecting individuals' rights to self-determination in their mental health journeys.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 573. Emergency Detention
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3986

Similar Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.

TX HB5210

Same As Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and professionals to temporarily detain a person with mental illness.

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