BILL ANALYSIS C.S.H.B. 1583 By: Hull Homeland Security, Public Safety & Veterans' Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE During the most recent interim, the Judicial Commission on Mental Health issued a report making recommendations for updating the notification of emergency detention form required for peace officers carrying out emergency detentions without a warrant. The proposed modifications included prompts that better elicit necessary information and explain the bases for affirmative declarations of evidence of mental illness, substantial risk of harm, and the need for temporary restraint. Additionally, while the form is provided to the health care facility to which the person is transported, and while many law enforcement agencies have policies to retain a copy of the form, there is no such requirement in current law. C.S.H.B. 1583 seeks to address these issues by updating the form to include, among other information, demographic information, the basis for a detention, information on the use of restraints, and a chart to more easily detail mental health observations and history and by requiring the applicable law enforcement agency to retain a copy of the form. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 1583 amends the Health and Safety Code to clarify that the notification of detention required to be completed by a peace officer who apprehends a person evidencing mental illness without a warrant under the Texas Mental Health Code is a notification of emergency detention. The bill makes the following changes to the form prescribed by statute for that notification: includes the agency case number and the date of birth, race, gender, phone number, and address of the person being detained among the information to be stated on the form; with respect to the peace officer's statement that the officer has reason to believe and does believe that the person named in the form evidences a substantial risk of serious harm, does the following: o removes the requirement that the officer provide a specific description of the risk of harm on which that reason and belief are based; and o revises the statement language to specify that the reason and belief are based on the person's behavior or evidence the person is experiencing severe emotional distress and deterioration to the extent the person cannot remain at liberty; with respect to the peace officer's statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person named in the form is immediately restrained, changes that condition to the person being immediately detained; adds a checkbox in front of the following statements of the peace officer's reasons to believe and beliefs that are currently in the form: o the officer has reason to believe and does believe that the person being detained evidences mental illness; o the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself/herself or others; and o the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately detained; expressly authorizes the peace officer to use attachments to report additional information regarding observations or reports of conduct on which the officer's beliefs are based and includes severe emotional distress and deterioration as conduct the officer may describe; includes spaces to list contact information for the parent or guardian of a child 17 years of age or younger, and specifically for the parent's or guardian's name and phone number; provides for the peace officer to indicate the following information regarding the person being detained and the circumstances of the detention: o whether the person is 65 years of age or older or is 17 years of age or younger and, if either of those questions is answered in the affirmative, that person's age; o for a child 17 years of age or younger, whether the officer provided to the child's parents or guardians notice of the intention to file a notification of emergency detention and, if not, the reason the officer was unable to provide notice; o if the existing question of whether the person was physically restrained in any way is answered in the affirmative, whether the restraint was for the officer's safety, the person's safety, or another reason specified by the officer; o the type of location where the call originated, including a public area, residence, school or university, group home, hospital, or another location specified by the officer; o whether the person has been observed displaying or has a history of any of the following traits or behaviors relating to mental health, indicated by checking "yes," "no," or "unknown" for each category and providing additional information if answered in the affirmative: harm to self or stating an intention to harm self; previous suicide attempt; harm to others or stating an intention to harm others; previous serious harm or injury to others; previous psychiatric hospital treatment; reported mental health diagnosis; prescribed psychiatric medications; current psychiatric medications taken; sleeping difficulty; and substance use disorder; o whether the person was in possession of a firearm at the time of contact and, if so, whether the firearm was seized in accordance with Code of Criminal Procedure provisions relating to the disposition of firearms seized from certain persons with mental illness, as indicated by checking "yes," "no," or "unknown" for each question and providing additional information if answered in the affirmative; and o the type of facility to which the person was transported, including a hospital or emergency room, a mental health facility, or another category specified by the officer; provides for the peace officer to list contact information for any relevant witnesses who witnessed the detention of the person, in addition to anyone who reported or observed applicable conduct by the person as under the current form, and includes phone numbers among the contact information to be listed; provides for the inclusion of the printed name and the employing agency of the peace officer and specifies that the address and phone number on the form of the peace officer and, if applicable, of the emergency medical services personnel who transported the person to a facility are the work address and work telephone number; and includes in the form a statement establishing that a mental health facility, in accordance with provisions relating to preliminary examinations of a person under emergency detention, is required to temporarily accept a person for whom an application for emergency detention is filed or for whom a notification of emergency detention form is filed. The bill replaces the requirement that the peace officer provide the notification on the form specified in statute with a requirement that the officer do so in substantially that form and to the best of the officer's ability. C.S.H.B. 1583 requires a mental health facility or hospital emergency department to provide on request to a peace officer who executes the notification of emergency detention a copy of the form for the records of the officer's employing law enforcement agency and requires the agency to retain a copy of the form. C.S.H.B. 1583 applies only to an emergency detention that begins on or after the bill's effective date. An emergency detention that begins before the bill's effective date is governed by the law in effect on that date, and that law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1583 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and substitute both make changes to the notification of detention form, the two versions differ in those changes as follows: the substitute includes the agency case number among the information to be stated on the form, whereas the introduced did not; with respect to the statement that the peace officer has reason to believe and believes risk of harm to be imminent, the substitute replaces the condition that the person named in the form be immediately restrained with a condition that the person be immediately detained, whereas the introduced did not make such a replacement; with respect to the inclusion of contact information for persons who witnessed the detention of the person named in the form, the substitute specifies that those are relevant witnesses, whereas the introduced did not include this specification; with respect to the inclusion of contact information of the parent or guardian of a child 17 years of age or younger on the form, the substitute specifies the parent's or guardian's name and phone number, whereas the introduced did not include this specification; the introduced included a statement not present in the substitute that the officer's belief that a child 17 years of age or younger is at risk of imminent serious harm unless immediately removed from the parents' custody is based on the stated facts showing the parents or guardians are presently unable to protect the child from imminent serious harm; the substitute provides for the inclusion of the peace officer's employing agency and a specification that the address and telephone number of the peace officer and, if applicable, emergency medical services personnel who transported the person to a facility are the work address and work telephone number, whereas the introduced did not provide for those inclusions; the introduced provided for the inclusion of the printed name of such emergency medical services personnel, whereas the substitute does not provide for this inclusion; the substitute includes a specification absent from the introduced that the information provided in the form is provided to the best of the peace officer's ability; and the substitute includes a statement absent from the introduced establishing that a mental health facility, in accordance with provisions relating to preliminary examinations for a person in emergency detention, is required to temporarily accept a person for whom an application for emergency detention is filed or for whom a notification of emergency detention form is filed. The substitute includes a requirement absent from the introduced for a mental health facility or hospital emergency department to provide to a peace officer who executes a notification of emergency detention a copy of that form on request for the records of the officer's employing law enforcement agency. Additionally, whereas the introduced required a peace officer who executes such a notification to retain a copy of the form, the substitute requires the agency to retain a copy of the form.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 1583
By: Hull
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Substituted)
C.S.H.B. 1583
By: Hull
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE During the most recent interim, the Judicial Commission on Mental Health issued a report making recommendations for updating the notification of emergency detention form required for peace officers carrying out emergency detentions without a warrant. The proposed modifications included prompts that better elicit necessary information and explain the bases for affirmative declarations of evidence of mental illness, substantial risk of harm, and the need for temporary restraint. Additionally, while the form is provided to the health care facility to which the person is transported, and while many law enforcement agencies have policies to retain a copy of the form, there is no such requirement in current law. C.S.H.B. 1583 seeks to address these issues by updating the form to include, among other information, demographic information, the basis for a detention, information on the use of restraints, and a chart to more easily detail mental health observations and history and by requiring the applicable law enforcement agency to retain a copy of the form.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 1583 amends the Health and Safety Code to clarify that the notification of detention required to be completed by a peace officer who apprehends a person evidencing mental illness without a warrant under the Texas Mental Health Code is a notification of emergency detention. The bill makes the following changes to the form prescribed by statute for that notification: includes the agency case number and the date of birth, race, gender, phone number, and address of the person being detained among the information to be stated on the form; with respect to the peace officer's statement that the officer has reason to believe and does believe that the person named in the form evidences a substantial risk of serious harm, does the following: o removes the requirement that the officer provide a specific description of the risk of harm on which that reason and belief are based; and o revises the statement language to specify that the reason and belief are based on the person's behavior or evidence the person is experiencing severe emotional distress and deterioration to the extent the person cannot remain at liberty; with respect to the peace officer's statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person named in the form is immediately restrained, changes that condition to the person being immediately detained; adds a checkbox in front of the following statements of the peace officer's reasons to believe and beliefs that are currently in the form: o the officer has reason to believe and does believe that the person being detained evidences mental illness; o the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself/herself or others; and o the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately detained; expressly authorizes the peace officer to use attachments to report additional information regarding observations or reports of conduct on which the officer's beliefs are based and includes severe emotional distress and deterioration as conduct the officer may describe; includes spaces to list contact information for the parent or guardian of a child 17 years of age or younger, and specifically for the parent's or guardian's name and phone number; provides for the peace officer to indicate the following information regarding the person being detained and the circumstances of the detention: o whether the person is 65 years of age or older or is 17 years of age or younger and, if either of those questions is answered in the affirmative, that person's age; o for a child 17 years of age or younger, whether the officer provided to the child's parents or guardians notice of the intention to file a notification of emergency detention and, if not, the reason the officer was unable to provide notice; o if the existing question of whether the person was physically restrained in any way is answered in the affirmative, whether the restraint was for the officer's safety, the person's safety, or another reason specified by the officer; o the type of location where the call originated, including a public area, residence, school or university, group home, hospital, or another location specified by the officer; o whether the person has been observed displaying or has a history of any of the following traits or behaviors relating to mental health, indicated by checking "yes," "no," or "unknown" for each category and providing additional information if answered in the affirmative: harm to self or stating an intention to harm self; previous suicide attempt; harm to others or stating an intention to harm others; previous serious harm or injury to others; previous psychiatric hospital treatment; reported mental health diagnosis; prescribed psychiatric medications; current psychiatric medications taken; sleeping difficulty; and substance use disorder; o whether the person was in possession of a firearm at the time of contact and, if so, whether the firearm was seized in accordance with Code of Criminal Procedure provisions relating to the disposition of firearms seized from certain persons with mental illness, as indicated by checking "yes," "no," or "unknown" for each question and providing additional information if answered in the affirmative; and o the type of facility to which the person was transported, including a hospital or emergency room, a mental health facility, or another category specified by the officer; provides for the peace officer to list contact information for any relevant witnesses who witnessed the detention of the person, in addition to anyone who reported or observed applicable conduct by the person as under the current form, and includes phone numbers among the contact information to be listed; provides for the inclusion of the printed name and the employing agency of the peace officer and specifies that the address and phone number on the form of the peace officer and, if applicable, of the emergency medical services personnel who transported the person to a facility are the work address and work telephone number; and includes in the form a statement establishing that a mental health facility, in accordance with provisions relating to preliminary examinations of a person under emergency detention, is required to temporarily accept a person for whom an application for emergency detention is filed or for whom a notification of emergency detention form is filed. The bill replaces the requirement that the peace officer provide the notification on the form specified in statute with a requirement that the officer do so in substantially that form and to the best of the officer's ability. C.S.H.B. 1583 requires a mental health facility or hospital emergency department to provide on request to a peace officer who executes the notification of emergency detention a copy of the form for the records of the officer's employing law enforcement agency and requires the agency to retain a copy of the form. C.S.H.B. 1583 applies only to an emergency detention that begins on or after the bill's effective date. An emergency detention that begins before the bill's effective date is governed by the law in effect on that date, and that law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 1583 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. While both the introduced and substitute both make changes to the notification of detention form, the two versions differ in those changes as follows: the substitute includes the agency case number among the information to be stated on the form, whereas the introduced did not; with respect to the statement that the peace officer has reason to believe and believes risk of harm to be imminent, the substitute replaces the condition that the person named in the form be immediately restrained with a condition that the person be immediately detained, whereas the introduced did not make such a replacement; with respect to the inclusion of contact information for persons who witnessed the detention of the person named in the form, the substitute specifies that those are relevant witnesses, whereas the introduced did not include this specification; with respect to the inclusion of contact information of the parent or guardian of a child 17 years of age or younger on the form, the substitute specifies the parent's or guardian's name and phone number, whereas the introduced did not include this specification; the introduced included a statement not present in the substitute that the officer's belief that a child 17 years of age or younger is at risk of imminent serious harm unless immediately removed from the parents' custody is based on the stated facts showing the parents or guardians are presently unable to protect the child from imminent serious harm; the substitute provides for the inclusion of the peace officer's employing agency and a specification that the address and telephone number of the peace officer and, if applicable, emergency medical services personnel who transported the person to a facility are the work address and work telephone number, whereas the introduced did not provide for those inclusions; the introduced provided for the inclusion of the printed name of such emergency medical services personnel, whereas the substitute does not provide for this inclusion; the substitute includes a specification absent from the introduced that the information provided in the form is provided to the best of the peace officer's ability; and the substitute includes a statement absent from the introduced establishing that a mental health facility, in accordance with provisions relating to preliminary examinations for a person in emergency detention, is required to temporarily accept a person for whom an application for emergency detention is filed or for whom a notification of emergency detention form is filed. The substitute includes a requirement absent from the introduced for a mental health facility or hospital emergency department to provide to a peace officer who executes a notification of emergency detention a copy of that form on request for the records of the officer's employing law enforcement agency. Additionally, whereas the introduced required a peace officer who executes such a notification to retain a copy of the form, the substitute requires the agency to retain a copy of the form.
BACKGROUND AND PURPOSE
During the most recent interim, the Judicial Commission on Mental Health issued a report making recommendations for updating the notification of emergency detention form required for peace officers carrying out emergency detentions without a warrant. The proposed modifications included prompts that better elicit necessary information and explain the bases for affirmative declarations of evidence of mental illness, substantial risk of harm, and the need for temporary restraint. Additionally, while the form is provided to the health care facility to which the person is transported, and while many law enforcement agencies have policies to retain a copy of the form, there is no such requirement in current law. C.S.H.B. 1583 seeks to address these issues by updating the form to include, among other information, demographic information, the basis for a detention, information on the use of restraints, and a chart to more easily detail mental health observations and history and by requiring the applicable law enforcement agency to retain a copy of the form.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 1583 amends the Health and Safety Code to clarify that the notification of detention required to be completed by a peace officer who apprehends a person evidencing mental illness without a warrant under the Texas Mental Health Code is a notification of emergency detention. The bill makes the following changes to the form prescribed by statute for that notification:
includes the agency case number and the date of birth, race, gender, phone number, and address of the person being detained among the information to be stated on the form;
with respect to the peace officer's statement that the officer has reason to believe and does believe that the person named in the form evidences a substantial risk of serious harm, does the following:
o removes the requirement that the officer provide a specific description of the risk of harm on which that reason and belief are based; and
o revises the statement language to specify that the reason and belief are based on the person's behavior or evidence the person is experiencing severe emotional distress and deterioration to the extent the person cannot remain at liberty;
with respect to the peace officer's statement that the officer has reason to believe and does believe that the risk of harm is imminent unless the person named in the form is immediately restrained, changes that condition to the person being immediately detained;
adds a checkbox in front of the following statements of the peace officer's reasons to believe and beliefs that are currently in the form:
o the officer has reason to believe and does believe that the person being detained evidences mental illness;
o the officer has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself/herself or others; and
o the officer has reason to believe and does believe that the risk of harm is imminent unless the person is immediately detained;
expressly authorizes the peace officer to use attachments to report additional information regarding observations or reports of conduct on which the officer's beliefs are based and includes severe emotional distress and deterioration as conduct the officer may describe;
includes spaces to list contact information for the parent or guardian of a child 17 years of age or younger, and specifically for the parent's or guardian's name and phone number;
provides for the peace officer to indicate the following information regarding the person being detained and the circumstances of the detention:
o whether the person is 65 years of age or older or is 17 years of age or younger and, if either of those questions is answered in the affirmative, that person's age;
o for a child 17 years of age or younger, whether the officer provided to the child's parents or guardians notice of the intention to file a notification of emergency detention and, if not, the reason the officer was unable to provide notice;
o if the existing question of whether the person was physically restrained in any way is answered in the affirmative, whether the restraint was for the officer's safety, the person's safety, or another reason specified by the officer;
o the type of location where the call originated, including a public area, residence, school or university, group home, hospital, or another location specified by the officer;
o whether the person has been observed displaying or has a history of any of the following traits or behaviors relating to mental health, indicated by checking "yes," "no," or "unknown" for each category and providing additional information if answered in the affirmative:
harm to self or stating an intention to harm self;
previous suicide attempt;
harm to others or stating an intention to harm others;
previous serious harm or injury to others;
previous psychiatric hospital treatment;
reported mental health diagnosis;
prescribed psychiatric medications;
current psychiatric medications taken;
sleeping difficulty; and
substance use disorder;
o whether the person was in possession of a firearm at the time of contact and, if so, whether the firearm was seized in accordance with Code of Criminal Procedure provisions relating to the disposition of firearms seized from certain persons with mental illness, as indicated by checking "yes," "no," or "unknown" for each question and providing additional information if answered in the affirmative; and
o the type of facility to which the person was transported, including a hospital or emergency room, a mental health facility, or another category specified by the officer;
provides for the peace officer to list contact information for any relevant witnesses who witnessed the detention of the person, in addition to anyone who reported or observed applicable conduct by the person as under the current form, and includes phone numbers among the contact information to be listed;
provides for the inclusion of the printed name and the employing agency of the peace officer and specifies that the address and phone number on the form of the peace officer and, if applicable, of the emergency medical services personnel who transported the person to a facility are the work address and work telephone number; and
includes in the form a statement establishing that a mental health facility, in accordance with provisions relating to preliminary examinations of a person under emergency detention, is required to temporarily accept a person for whom an application for emergency detention is filed or for whom a notification of emergency detention form is filed.
The bill replaces the requirement that the peace officer provide the notification on the form specified in statute with a requirement that the officer do so in substantially that form and to the best of the officer's ability.
C.S.H.B. 1583 requires a mental health facility or hospital emergency department to provide on request to a peace officer who executes the notification of emergency detention a copy of the form for the records of the officer's employing law enforcement agency and requires the agency to retain a copy of the form.
C.S.H.B. 1583 applies only to an emergency detention that begins on or after the bill's effective date. An emergency detention that begins before the bill's effective date is governed by the law in effect on that date, and that law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 1583 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
While both the introduced and substitute both make changes to the notification of detention form, the two versions differ in those changes as follows:
the substitute includes the agency case number among the information to be stated on the form, whereas the introduced did not;
with respect to the statement that the peace officer has reason to believe and believes risk of harm to be imminent, the substitute replaces the condition that the person named in the form be immediately restrained with a condition that the person be immediately detained, whereas the introduced did not make such a replacement;
with respect to the inclusion of contact information for persons who witnessed the detention of the person named in the form, the substitute specifies that those are relevant witnesses, whereas the introduced did not include this specification;
with respect to the inclusion of contact information of the parent or guardian of a child 17 years of age or younger on the form, the substitute specifies the parent's or guardian's name and phone number, whereas the introduced did not include this specification;
the introduced included a statement not present in the substitute that the officer's belief that a child 17 years of age or younger is at risk of imminent serious harm unless immediately removed from the parents' custody is based on the stated facts showing the parents or guardians are presently unable to protect the child from imminent serious harm;
the substitute provides for the inclusion of the peace officer's employing agency and a specification that the address and telephone number of the peace officer and, if applicable, emergency medical services personnel who transported the person to a facility are the work address and work telephone number, whereas the introduced did not provide for those inclusions;
the introduced provided for the inclusion of the printed name of such emergency medical services personnel, whereas the substitute does not provide for this inclusion;
the substitute includes a specification absent from the introduced that the information provided in the form is provided to the best of the peace officer's ability; and
the substitute includes a statement absent from the introduced establishing that a mental health facility, in accordance with provisions relating to preliminary examinations for a person in emergency detention, is required to temporarily accept a person for whom an application for emergency detention is filed or for whom a notification of emergency detention form is filed.
The substitute includes a requirement absent from the introduced for a mental health facility or hospital emergency department to provide to a peace officer who executes a notification of emergency detention a copy of that form on request for the records of the officer's employing law enforcement agency. Additionally, whereas the introduced required a peace officer who executes such a notification to retain a copy of the form, the substitute requires the agency to retain a copy of the form.