Texas 2023 - 88th Regular

Texas Senate Bill SB2287 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: West, LaMantia S.B. No. 2287
2	2	(In the Senate - Filed March 10, 2023; March 22, 2023, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	May 15, 2023, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; May 15, 2023,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 2287 By: Flores
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the authority of a peace officer to apprehend a person
14	14	for emergency detention and the authority of certain facilities and
15	15	physicians to temporarily detain a person with mental illness.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. The heading to Subchapter A, Chapter 573, Health
18	18	and Safety Code, is amended to read as follows:
19	19	SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
20	20	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
21	21	DETENTION BY GUARDIAN]
22	22	SECTION 2. Section 573.001(a), Health and Safety Code, is
23	23	amended to read as follows:
24	24	(a) A peace officer, without a warrant, may take a person
25	25	into custody, regardless of the age or location of the person, if
26	26	the officer:
27	27	(1) has reason to believe and does believe that:
28	28	(A) the person is a person with mental illness;
29	29	and
30	30	(B) because of that mental illness there is a
31	31	substantial risk of serious harm to the person or to others unless
32	32	the person is immediately restrained; and
33	33	(2) believes that there is not sufficient time to
34	34	obtain a warrant before taking the person into custody.
35	35	SECTION 3. Subchapter A, Chapter 573, Health and Safety
36	36	Code, is amended by adding Section 573.006 to read as follows:
37	37	Sec. 573.006. TEMPORARY DETENTION IN CERTAIN FACILITIES.
38	38	(a) In this section, "facility" means:
39	39	(1) an inpatient mental health facility other than a
40	40	community center, a facility operated by or under contract with a
41	41	community center, an entity that the executive commissioner
42	42	designates to provide mental health services, a local mental health
43	43	authority, or a facility operated by or under contract with a local
44	44	mental health authority, unless the facility is licensed under
45	45	Chapter 577;
46	46	(2) a hospital, or the emergency department of a
47	47	hospital, licensed under Chapter 241; and
48	48	(3) a freestanding emergency medical care facility
49	49	licensed under Chapter 254.
50	50	(b) The governing body of a facility may adopt and implement
51	51	a written policy that provides for the facility or a physician at
52	52	the facility to detain a person who voluntarily requested treatment
53	53	from the facility or who lacks the capacity to consent to treatment,
54	54	as provided by this section, if:
55	55	(1) the person expresses a desire to leave the
56	56	facility or attempts to leave the facility before the examination
57	57	or treatment is completed; and
58	58	(2) a physician at the facility:
59	59	(A) has reason to believe and does believe that:
60	60	(i) the person has a mental illness; and
61	61	(ii) because of that mental illness there
62	62	is a substantial risk of serious harm to the person or to others
63	63	unless the person is immediately restrained; and
64	64	(B) believes that there is not sufficient time to
65	65	file an application for emergency detention or for an order of
66	66	protective custody.
67	67	(c) A policy adopted and implemented by a facility under
68	68	this section may not allow the facility or a physician at the
69	69	facility to detain a person who has been transported to the facility
70	70	for emergency detention under this chapter.
71	71	(d) A policy adopted and implemented by a facility under
72	72	this section must require:
73	73	(1) the facility staff or the physician who intends to
74	74	detain the person under the policy to notify the person of that
75	75	intention;
76	76	(2) a physician to document a decision by the facility
77	77	or the physician to detain a person under the policy and to place a
78	78	notice of detention in the person's medical record that contains
79	79	the same information as required in a peace officer's notification
80	80	of detention under Section 573.002; and
81	81	(3) the period of a person's detention under the policy
82	82	to be less than four hours following the time the person first
83	83	expressed a desire to leave, or attempted to leave, the facility,
84	84	and the facility or physician to release the person not later than
85	85	the end of the four-hour period unless the facility staff or
86	86	physician arranges for a peace officer to take the person into
87	87	custody under Section 573.001 or an order of protective custody is
88	88	issued.
89	89	(e) Detention of a person under a policy adopted and
90	90	implemented by a facility under this section is not considered
91	91	involuntary psychiatric hospitalization for purposes of Section
92	92	411.172(e), Government Code.
93	93	(f) A physician, person, or facility that detains or does
94	94	not detain a person under a policy adopted and implemented by a
95	95	facility under this section and that acts in good faith and without
96	96	malice is not civilly or criminally liable for that action.
97	97	(g) A facility is not civilly or criminally liable for the
98	98	decision of the governing body of the facility to adopt or not to
99	99	adopt a policy under this section.
100	100	SECTION 4. This Act takes effect September 1, 2023.
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