By: Zaffirini S.B. No. 1164
(In the Senate - Filed February 7, 2025; February 28, 2025,
read first time and referred to Committee on Criminal Justice;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1164 By: Flores
A BILL TO BE ENTITLED
AN ACT
relating to emergency detention of certain persons evidencing
mental illness and to court-ordered inpatient and extended mental
health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001(a), Health and Safety Code, is
amended to read as follows:
(a) A peace officer, without a warrant, may take a person
into custody, regardless of the age of the person, if the officer[:
[(1)] has reason to believe and does believe that:
(1) [(A)] the person is a person with mental
illness[;] and
[(B)] because of that mental illness:
(A) there is a substantial risk of serious harm
to the person or to others [unless the person is immediately
restrained];
(B) the person evidences severe emotional
distress and deterioration in the person's mental condition; or
(C) the person evidences an inability to
recognize symptoms or appreciate the risks and benefits of
treatment; [and]
(2) the person is likely without immediate detention
to suffer serious risk of harm or to inflict serious harm on another
person; and
(3) [believes that] there is not sufficient time to
obtain a warrant before taking the person into custody.
SECTION 2. The heading to Section 573.002, Health and
Safety Code, is amended to read as follows:
Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF EMERGENCY
DETENTION.
SECTION 3. Section 573.002, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsection (f) to read as follows:
(a) A peace officer shall immediately file with a facility a
notification of emergency detention after transporting a person to
that facility in accordance with Section 573.001. Emergency
medical services personnel of an emergency medical services
provider who transport a person to a facility at the request of a
peace officer made in accordance with a memorandum of understanding
executed under Section 573.005 shall immediately file with the
facility the notification of emergency detention completed by the
peace officer who made the request.
(b) The notification of emergency detention must contain:
(1) a statement that the officer has reason to believe
and does believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe
and does believe that the person evidences a substantial risk of
serious harm to the person or others;
(3) [a specific description of the risk of harm;
[(4)] a statement that the officer has reason to
believe and does believe that the risk of harm is imminent unless
the person is immediately restrained;
(4) [(5)] a statement that the officer's beliefs are
derived from specific recent behavior, overt acts, attempts, or
threats that were observed by or reliably reported to the officer;
(5) [(6)] a detailed description of the specific
behavior, acts, attempts, or threats; and
(6) [(7)] the name and relationship to the apprehended
person of any person who reported or observed the behavior, acts,
attempts, or threats.
(c) The facility where the person is detained shall include
in the detained person's clinical file the notification of
emergency detention described by this section.
(d) The peace officer shall provide the notification of
emergency detention in substantially [on] the following form:
Notification--Emergency Detention NO. ____________________
DATE:_______________ TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
DOB:_____________ RACE:______________ GENDER:_______________ _____________ RACE:______________ GENDER:_______________
PHONE NUMBER:______________ ADDRESS:______________________________________ ADDRESS:________________________
NOTIFICATION OF EMERGENCY DETENTION
Now comes _____________________________, a peace officer with
(name of agency) _____________________________, of the State of
Texas, and states as follows:
[1.] I have reason to believe and do believe that (name of
person to be detained) __________________________ evidences mental
illness;[.]
[2.] I have reason to believe and do believe that the
above-named person evidences a substantial risk of serious harm to
himself/herself or others 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;
and [upon the following:
[_______________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________]
[3.] I have reason to believe and do believe that the [above]
risk of harm is imminent unless the above-named person is
immediately restrained.
1. [4.] My above-stated beliefs are based upon the following
recent behavior, severe emotional distress and deterioration,
overt acts, attempts, statements, or threats observed by me or
reliably reported to me (may use attachments to report additional
information):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
2. [5.] The names, addresses, phone numbers, and relationship to
the above-named person of those persons who reported or observed
recent behavior, acts, attempts, statements, or threats of the
above-named person are (if applicable):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
ADULT 65 YEARS OF AGE OR OLDER? □ YES □ NO If yes, □ YES □ NO If yes,
age: ___________
CHILD 17 YEARS OF AGE OR YOUNGER? □ YES □ NO If yes, □ YES □ NO If yes,
age: ___________
FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):
My belief the child is at risk of imminent serious harm unless
immediately removed from the parents' custody is based on the
above-stated facts showing the parents or guardians are presently
unable to protect the child from imminent serious harm.
I provided notice to the child's parents or guardians of my
intention to file this notification.
I was not able to provide notice to the child's parents or
guardians of my intention to file this notification because:
________________________________________________________________
________________________________________________________________
Parent/Guardian Contact Information: ____________________________
________________________________________________________________
USE OF RESTRAINT
Was the person physically restrained in any way? Yes □ No □
If yes, reason for physical restraint? □ Officer Safety
Person's Safety □ Other ____________________
CALL ORIGINATED AT:
Public Area □ Residence □ School/University
Group Home □ Hospital
Other________________________________________
OBSERVATIONS/HISTORY
If YES to any question below, provide additional information:
YES NO UNKNOWN NOTES YES NO UNKNOWN NOTES
YES NO UNKNOWN NOTES
Harm to self Harm to self
Harm to self
or stating an or stating an
or stating an
intention to intention to
intention to
harm self? harm self?
harm self?
Previous Previous
Previous
attempt to attempt to
attempt to
commit commit
commit
suicide? suicide?
suicide?
Harm to Harm to
Harm to
others or others or
others or
stating an stating an
stating an
intention to intention to
intention to
harm others? harm others?
harm others?
Previous Previous
Previous
serious harm serious harm
serious harm
or injury to or injury to
or injury to
others? others?
others?
Previous Previous
Previous
psychiatric psychiatric
psychiatric
hospital hospital
hospital
treatment? treatment?
treatment?
Reported Reported
Reported
mental health mental health
mental health
diagnosis? diagnosis?
diagnosis?
Prescribed Prescribed
Prescribed
psychiatric psychiatric
psychiatric
medications? medications?
medications?
Current Current
Current
psychiatric psychiatric
psychiatric
medications medications
medications
taken? taken?
taken?
Sleeping Sleeping
Sleeping
difficulty? difficulty?
difficulty?
Substance use Substance use
Substance use
disorder? disorder?
disorder?
TRANSPORTED TO:
Hospital/Emergency Room □ Mental Health Facility
Other _______________________
For the above reasons, I present this notification to seek
temporary admission to the (name of facility)
_________________________ inpatient mental health facility or
hospital facility for the detention of (name of person to be
detained) __________________________ on an emergency basis.
[6. Was the person restrained in any way? Yes □ No □]
PEACE OFFICER'S PRINTED NAME: ___________________________________
BADGE NO. _____________________
PEACE OFFICER'S SIGNATURE _______________________________________
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
[_________________________]
SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
_________________________ PRINTED NAME OF PERSONNEL: _____________
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
A mental health facility or hospital emergency department may
not require a peace officer or emergency medical services personnel
to execute any form other than this form as a predicate to accepting
for temporary admission a person detained by a peace officer under
Section 573.001, Health and Safety Code[, and transported by the
officer under that section or by emergency medical services
personnel of an emergency medical services provider at the request
of the officer made in accordance with a memorandum of
understanding executed under Section 573.005, Health and Safety
Code].
(f) A peace officer who transports an apprehended person to
a facility under Section 573.001(d)(1) or emergency medical
services personnel of an emergency medical services provider who
transports a person to a facility under Section 573.001(d)(2):
(1) is not required to remain at the facility while the
apprehended person is medically screened or treated or while the
person's insurance coverage is verified; and
(2) may leave the facility immediately after:
(A) the person is taken into custody by
appropriate facility staff; and
(B) the notification of emergency detention
required by this section is provided to the facility.
SECTION 4. Section 573.003(a), Health and Safety Code, is
amended to read as follows:
(a) A guardian of the person of a ward who is 18 years of age
or older, without the assistance of a peace officer, may transport
the ward to an inpatient mental health facility for a preliminary
examination in accordance with Section 573.021 if the guardian has
reason to believe and does believe that:
(1) the ward is a person with mental illness[;] and
[(2)] because of that mental illness:
(A) there is a substantial risk of serious harm
to the ward or to others;
(B) the ward evidences severe emotional distress
and deterioration in the ward's mental condition; or
(C) the ward evidences an inability to recognize
symptoms or appreciate the risks and benefits of treatment; and
(2) the ward is likely without immediate detention to
suffer serious risk of harm or to inflict serious harm on another
person [unless the ward is immediately restrained].
SECTION 5. Section 573.012(b), Health and Safety Code, is
amended to read as follows:
(b) The magistrate shall deny the application unless the
magistrate finds that there is reasonable cause to believe that:
(1) the person evidences mental illness and because of
that mental illness[;
[(2)] the person evidences:
(A) a substantial risk of serious harm to himself
or others;
(B) severe emotional distress and deterioration
in the person's mental condition; or
(C) an inability to recognize symptoms or
appreciate the risks and benefits of treatment;
(2) the person is likely without immediate detention
to suffer serious risk of harm or to inflict serious harm on another
person;
(3) the risk of harm is imminent unless the person is
immediately restrained; and
(4) the necessary restraint cannot be accomplished
without emergency detention.
SECTION 6. Section 573.022(a), Health and Safety Code, is
amended to read as follows:
(a) A person may be admitted to a facility for emergency
detention only if the physician who conducted the preliminary
examination of the person makes a written statement that:
(1) is acceptable to the facility;
(2) states [that] after a preliminary examination it
is the physician's opinion that:
(A) the person is a person with mental illness
and because of that mental illness[;
[(B)] the person evidences:
(i) a substantial risk of serious harm to
the person or to others;
(ii) severe emotional distress and
deterioration in the person's mental condition; or
(iii) an inability to recognize symptoms or
appreciate the risks and benefits of treatment;
(B) [(C)] the described risk of harm is imminent
unless the person is immediately restrained; and
(C) [(D)] emergency detention is the least
restrictive means by which the necessary restraint may be
accomplished; and
(3) includes:
(A) a description of the nature of the person's
mental illness;
(B) a specific description of the risk of harm
the person evidences [that may be demonstrated either by the
person's behavior or by evidence of severe emotional distress and
deterioration in the person's mental condition] to the extent that
the person cannot remain at liberty; and
(C) the specific detailed information from which
the physician formed the opinion in Subdivision (2).
SECTION 7. Section 574.001(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Subsection (f), the application
must be filed with the county clerk in the county in which the
proposed patient:
(1) resides;
(2) is located at the time the application is filed [is
found]; [or]
(3) was apprehended under Chapter 573; or
(4) is receiving mental health services by court order
or under Subchapter A, Chapter 573.
SECTION 8. Sections 574.011(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A certificate of medical examination for mental illness
must be sworn to, dated, and signed by the examining
physician. The certificate must include:
(1) the name and address of the examining physician;
(2) the name and address of the person examined;
(3) the date and place of the examination;
(4) a brief diagnosis of the examined person's
physical and mental condition;
(5) the period, if any, during which the examined
person has been under the care of the examining physician;
(6) an accurate description of the mental health
treatment, if any, given by or administered under the direction of
the examining physician; and
(7) the examining physician's opinion that:
(A) the examined person is a person with mental
illness[;] and
[(B)] as a result of that illness the examined
person is:
(i) likely to cause serious harm to the
person or to others; [or is:]
(ii) [(i)] suffering severe and abnormal
mental, emotional, or physical distress;
(iii) [(ii)] experiencing substantial
mental or physical deterioration of the proposed patient's ability
to function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; [and]
(iv) [(iii)] not able to make a rational
and informed decision as to whether to submit to treatment; or
(v) evidencing an inability to recognize
symptoms or appreciate the risks and benefits of treatment; and
(B) in the absence of inpatient mental health
treatment, the examined person is likely to suffer serious risk of
harm or to inflict serious harm on another person.
(b) The examining physician must specify in the certificate
which criterion listed in Subsection (a)(7) [(a)(7)(B)] forms the
basis for the physician's opinion.
SECTION 9. Sections 574.034(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered temporary inpatient mental health services only if
the judge or jury finds, from clear and convincing evidence, that:
(1) the proposed patient is a person with mental
illness; and
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to the
proposed patient;
(B) is likely to cause serious harm to others;
[or]
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; [and]
(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment; or
(iv) evidencing an inability to recognize
symptoms or to appreciate the risks and benefits of treatment; and
(D) in the absence of court-ordered temporary
outpatient mental health services, is likely to suffer serious risk
of harm or to inflict serious harm on another person.
(d) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and, unless waived, evidence
of a recent overt act or a continuing pattern of behavior that tends
to confirm:
(1) the likelihood of serious harm to the proposed
patient or others and[; or
[(2)] the proposed patient's distress and the
deterioration of the proposed patient's ability to function; or
(2) the proposed patient's inability to recognize
symptoms or appreciate the risks and benefits of treatment.
SECTION 10. Sections 574.035(a) and (e), Health and Safety
Code, are amended to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered extended inpatient mental health services only if the
jury, or the judge if the right to a jury is waived, finds, from
clear and convincing evidence, that:
(1) the proposed patient is a person with mental
illness;
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to the
proposed patient;
(B) is likely to cause serious harm to others;
[or]
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; [and]
(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment; or
(iv) evidencing an inability to recognize
symptoms or appreciate the risks and benefits of treatment; and
(D) in the absence of court-ordered temporary
outpatient mental health services, is likely to suffer serious risk
of harm or to inflict serious harm on another person;
(3) the proposed patient's condition is expected to
continue for more than 90 days; and
(4) the proposed patient has received court-ordered
inpatient mental health services under this subtitle or under
Chapter 46B, Code of Criminal Procedure, for at least 60
consecutive days during the preceding 12 months.
(e) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to confirm:
(1) the likelihood of serious harm to the proposed
patient or others and[; or
[(2)] the proposed patient's distress and the
deterioration of the proposed patient's ability to function; or
(2) the proposed patient's inability to recognize
symptoms or appreciate the risks and benefits of treatment.
SECTION 11. Section 574.064(a-1), Health and Safety Code,
is amended to read as follows:
(a-1) A physician shall evaluate the patient as soon as
possible within 24 hours after the time detention begins to
determine whether the patient, due to mental illness:
(1) [,] presents a substantial risk of serious harm to
the patient or others;
(2) evidences severe emotional distress and
deterioration in the person's mental condition;
(3) evidences an inability to recognize symptoms or
appreciate the risks and benefits of treatment; and
(4) is likely without immediate detention to suffer
serious risk of harm or to inflict serious harm on another person to
the extent [so] that the patient cannot be at liberty pending the
probable cause hearing under Subsection (b). [The determination
that the patient presents a substantial risk of serious harm to the
patient or others may be demonstrated by:
[(1) the patient's behavior; or
[(2) evidence of severe emotional distress and
deterioration in the patient's mental condition to the extent that
the patient cannot live safely in the community.]
SECTION 12. The following provisions of the Health and
Safety Code are repealed:
(1) Section 573.001(b);
(2) Section 573.003(b); and
(3) Section 573.012(c).
SECTION 13. Chapter 573, Health and Safety Code, as amended
by this Act, applies only to an emergency detention that begins on
or after the effective date of this Act. An emergency detention
that begins before the effective date of this Act is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 14. Chapter 574, Health and Safety Code, as amended
by this Act, applies only to an application or proceeding for
court-ordered mental health services submitted or that occurs on or
after the effective date of this Act, regardless of when an offense
with which the defendant is charged was committed.
SECTION 15. This Act takes effect September 1, 2025.
* * * * *
YES NO UNKNOWN NOTES
Harm to self
or stating an
intention to
harm self?
Previous
attempt to
commit
suicide?
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?
Substance use
disorder?