Texas 2025 - 89th Regular

Texas Senate Bill SB1164 Compare Versions

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11 By: Zaffirini S.B. No. 1164
2+ (In the Senate - Filed February 7, 2025; February 28, 2025,
3+ read first time and referred to Committee on Criminal Justice;
4+ April 16, 2025, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 1164 By: Flores
29
310
411
512
613 A BILL TO BE ENTITLED
714 AN ACT
815 relating to emergency detention of certain persons evidencing
916 mental illness and to court-ordered inpatient and extended mental
1017 health services.
1118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1219 SECTION 1. Section 573.001(a), Health and Safety Code, is
1320 amended to read as follows:
1421 (a) A peace officer, without a warrant, may take a person
1522 into custody, regardless of the age of the person, if the officer[:
1623 [(1)] has reason to believe and does believe that:
1724 (1) [(A)] the person is a person with mental
1825 illness[;] and
1926 [(B)] because of that mental illness:
2027 (A) there is a substantial risk of serious harm
2128 to the person or to others [unless the person is immediately
2229 restrained];
2330 (B) the person evidences severe emotional
2431 distress and deterioration in the person's mental condition; or
2532 (C) the person evidences an inability to
2633 recognize symptoms or appreciate the risks and benefits of
2734 treatment; [and]
2835 (2) the person is likely without immediate detention
2936 to suffer serious risk of harm or to inflict serious harm on another
3037 person; and
3138 (3) [believes that] there is not sufficient time to
3239 obtain a warrant before taking the person into custody.
3340 SECTION 2. The heading to Section 573.002, Health and
3441 Safety Code, is amended to read as follows:
3542 Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF EMERGENCY
3643 DETENTION.
3744 SECTION 3. Section 573.002, Health and Safety Code, is
3845 amended by amending Subsections (a), (b), (c), and (d) and adding
3946 Subsection (f) to read as follows:
4047 (a) A peace officer shall immediately file with a facility a
4148 notification of emergency detention after transporting a person to
4249 that facility in accordance with Section 573.001. Emergency
4350 medical services personnel of an emergency medical services
4451 provider who transport a person to a facility at the request of a
4552 peace officer made in accordance with a memorandum of understanding
4653 executed under Section 573.005 shall immediately file with the
4754 facility the notification of emergency detention completed by the
4855 peace officer who made the request.
4956 (b) The notification of emergency detention must contain:
5057 (1) a statement that the officer has reason to believe
5158 and does believe that the person evidences mental illness;
5259 (2) a statement that the officer has reason to believe
5360 and does believe that the person evidences a substantial risk of
5461 serious harm to the person or others;
5562 (3) [a specific description of the risk of harm;
5663 [(4)] a statement that the officer has reason to
5764 believe and does believe that the risk of harm is imminent unless
5865 the person is immediately restrained;
5966 (4) [(5)] a statement that the officer's beliefs are
6067 derived from specific recent behavior, overt acts, attempts, or
6168 threats that were observed by or reliably reported to the officer;
6269 (5) [(6)] a detailed description of the specific
6370 behavior, acts, attempts, or threats; and
6471 (6) [(7)] the name and relationship to the apprehended
6572 person of any person who reported or observed the behavior, acts,
6673 attempts, or threats.
6774 (c) The facility where the person is detained shall include
6875 in the detained person's clinical file the notification of
6976 emergency detention described by this section.
7077 (d) The peace officer shall provide the notification of
7178 emergency detention in substantially [on] the following form:
7279 Notification--Emergency Detention NO. ____________________
7380 DATE:_______________ TIME:_______________
7481 THE STATE OF TEXAS
7582 FOR THE BEST INTEREST AND PROTECTION OF:
7683 ______________________________________
7784 DOB:_____________ RACE:______________ GENDER:_______________ _____________ RACE:______________ GENDER:_______________
7885 PHONE NUMBER:______________ ADDRESS:______________________________________ ADDRESS:________________________
7986 NOTIFICATION OF EMERGENCY DETENTION
8087 Now comes _____________________________, a peace officer with
8188 (name of agency) _____________________________, of the State of
8289 Texas, and states as follows:
8390 [1.] I have reason to believe and do believe that (name of
8491 person to be detained) __________________________ evidences mental
8592 illness;[.]
8693 [2.] I have reason to believe and do believe that the
8794 above-named person evidences a substantial risk of serious harm to
8895 himself/herself or others based on the person's behavior or
8996 evidence the person is experiencing severe emotional distress and
9097 deterioration to the extent the person cannot remain at liberty;
9198 and [upon the following:
9299 [_______________________________________________________________
93100 ________________________________________________________________
94101 ________________________________________________________________
95102 _______________________________________________________________]
96103 [3.] I have reason to believe and do believe that the [above]
97104 risk of harm is imminent unless the above-named person is
98105 immediately restrained.
99106 1. [4.] My above-stated beliefs are based upon the following
100107 recent behavior, severe emotional distress and deterioration,
101108 overt acts, attempts, statements, or threats observed by me or
102109 reliably reported to me (may use attachments to report additional
103110 information):
104111 ________________________________________________________________
105112 ________________________________________________________________
106113 ________________________________________________________________
107114 ________________________________________________________________
108115 2. [5.] The names, addresses, phone numbers, and relationship to
109116 the above-named person of those persons who reported or observed
110117 recent behavior, acts, attempts, statements, or threats of the
111118 above-named person are (if applicable):
112119 ________________________________________________________________
113120 ________________________________________________________________
114121 ________________________________________________________________
115122 ________________________________________________________________
116123 ADULT 65 YEARS OF AGE OR OLDER? □ YES □ NO If yes, □ YES □ NO If yes,
117124 age: ___________
118125 CHILD 17 YEARS OF AGE OR YOUNGER? □ YES □ NO If yes, □ YES □ NO If yes,
119126 age: ___________
120127 FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):
121128 My belief the child is at risk of imminent serious harm unless
122129 immediately removed from the parents' custody is based on the
123130 above-stated facts showing the parents or guardians are presently
124131 unable to protect the child from imminent serious harm.
125132 I provided notice to the child's parents or guardians of my
126133 intention to file this notification.
127134 I was not able to provide notice to the child's parents or
128135 guardians of my intention to file this notification because:
129136 ________________________________________________________________
130137 ________________________________________________________________
131138 Parent/Guardian Contact Information: ____________________________
132139 ________________________________________________________________
133140 USE OF RESTRAINT
134141 Was the person physically restrained in any way? Yes □ No □
135142 If yes, reason for physical restraint? □ Officer Safety
136143 Person's Safety □ Other ____________________
137144 CALL ORIGINATED AT:
138145 Public Area □ Residence □ School/University
139146 Group Home □ Hospital
140147 Other________________________________________
141148 OBSERVATIONS/HISTORY
142149 If YES to any question below, provide additional information:
143150 YES NO UNKNOWN NOTES YES NO UNKNOWN NOTES
144151 YES NO UNKNOWN NOTES
145152 Harm to self Harm to self
146153 Harm to self
147154 or stating an or stating an
148155 or stating an
149156 intention to intention to
150157 intention to
151158 harm self? harm self?
152159 harm self?
153160 Previous Previous
154161 Previous
155162 attempt to attempt to
156163 attempt to
157164 commit commit
158165 commit
159166 suicide? suicide?
160167 suicide?
161168 Harm to Harm to
162169 Harm to
163170 others or others or
164171 others or
165172 stating an stating an
166173 stating an
167174 intention to intention to
168175 intention to
169176 harm others? harm others?
170177 harm others?
171178 Previous Previous
172179 Previous
173180 serious harm serious harm
174181 serious harm
175182 or injury to or injury to
176183 or injury to
177184 others? others?
178185 others?
179186 Previous Previous
180187 Previous
181188 psychiatric psychiatric
182189 psychiatric
183190 hospital hospital
184191 hospital
185192 treatment? treatment?
186193 treatment?
187194 Reported Reported
188195 Reported
189196 mental health mental health
190197 mental health
191198 diagnosis? diagnosis?
192199 diagnosis?
193200 Prescribed Prescribed
194201 Prescribed
195202 psychiatric psychiatric
196203 psychiatric
197204 medications? medications?
198205 medications?
199206 Current Current
200207 Current
201208 psychiatric psychiatric
202209 psychiatric
203210 medications medications
204211 medications
205212 taken? taken?
206213 taken?
207214 Sleeping Sleeping
208215 Sleeping
209216 difficulty? difficulty?
210217 difficulty?
211218 Substance use Substance use
212219 Substance use
213220 disorder? disorder?
214221 disorder?
215222 TRANSPORTED TO:
216223 Hospital/Emergency Room □ Mental Health Facility
217224 Other _______________________
218225 For the above reasons, I present this notification to seek
219226 temporary admission to the (name of facility)
220227 _________________________ inpatient mental health facility or
221228 hospital facility for the detention of (name of person to be
222229 detained) __________________________ on an emergency basis.
223230 [6. Was the person restrained in any way? Yes □ No □]
224231 PEACE OFFICER'S PRINTED NAME: ___________________________________
225232 BADGE NO. _____________________
226233 PEACE OFFICER'S SIGNATURE _______________________________________
227234 Address: _________________________ Zip Code: ____________________
228235 Telephone: ______________________
229236 [_________________________]
230237 SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
231238 _________________________ PRINTED NAME OF PERSONNEL: _____________
232239 Address: _________________________ Zip Code: ____________________
233240 Telephone: ______________________
234241 A mental health facility or hospital emergency department may
235242 not require a peace officer or emergency medical services personnel
236243 to execute any form other than this form as a predicate to accepting
237244 for temporary admission a person detained by a peace officer under
238245 Section 573.001, Health and Safety Code[, and transported by the
239246 officer under that section or by emergency medical services
240247 personnel of an emergency medical services provider at the request
241248 of the officer made in accordance with a memorandum of
242249 understanding executed under Section 573.005, Health and Safety
243250 Code].
244251 (f) A peace officer who transports an apprehended person to
245252 a facility under Section 573.001(d)(1) or emergency medical
246253 services personnel of an emergency medical services provider who
247254 transports a person to a facility under Section 573.001(d)(2):
248255 (1) is not required to remain at the facility while the
249256 apprehended person is medically screened or treated or while the
250257 person's insurance coverage is verified; and
251258 (2) may leave the facility immediately after:
252259 (A) the person is taken into custody by
253260 appropriate facility staff; and
254261 (B) the notification of emergency detention
255262 required by this section is provided to the facility.
256263 SECTION 4. Section 573.003(a), Health and Safety Code, is
257264 amended to read as follows:
258265 (a) A guardian of the person of a ward who is 18 years of age
259266 or older, without the assistance of a peace officer, may transport
260267 the ward to an inpatient mental health facility for a preliminary
261268 examination in accordance with Section 573.021 if the guardian has
262269 reason to believe and does believe that:
263270 (1) the ward is a person with mental illness[;] and
264271 [(2)] because of that mental illness:
265272 (A) there is a substantial risk of serious harm
266273 to the ward or to others;
267274 (B) the ward evidences severe emotional distress
268275 and deterioration in the ward's mental condition; or
269276 (C) the ward evidences an inability to recognize
270277 symptoms or appreciate the risks and benefits of treatment; and
271278 (2) the ward is likely without immediate detention to
272279 suffer serious risk of harm or to inflict serious harm on another
273280 person [unless the ward is immediately restrained].
274281 SECTION 5. Section 573.012(b), Health and Safety Code, is
275282 amended to read as follows:
276283 (b) The magistrate shall deny the application unless the
277284 magistrate finds that there is reasonable cause to believe that:
278285 (1) the person evidences mental illness and because of
279286 that mental illness[;
280287 [(2)] the person evidences:
281288 (A) a substantial risk of serious harm to himself
282289 or others;
283290 (B) severe emotional distress and deterioration
284291 in the person's mental condition; or
285292 (C) an inability to recognize symptoms or
286293 appreciate the risks and benefits of treatment;
287294 (2) the person is likely without immediate detention
288295 to suffer serious risk of harm or to inflict serious harm on another
289296 person;
290297 (3) the risk of harm is imminent unless the person is
291298 immediately restrained; and
292299 (4) the necessary restraint cannot be accomplished
293300 without emergency detention.
294301 SECTION 6. Section 573.022(a), Health and Safety Code, is
295302 amended to read as follows:
296303 (a) A person may be admitted to a facility for emergency
297304 detention only if the physician who conducted the preliminary
298305 examination of the person makes a written statement that:
299306 (1) is acceptable to the facility;
300307 (2) states [that] after a preliminary examination it
301308 is the physician's opinion that:
302309 (A) the person is a person with mental illness
303310 and because of that mental illness[;
304311 [(B)] the person evidences:
305312 (i) a substantial risk of serious harm to
306313 the person or to others;
307314 (ii) severe emotional distress and
308315 deterioration in the person's mental condition; or
309316 (iii) an inability to recognize symptoms or
310317 appreciate the risks and benefits of treatment;
311318 (B) [(C)] the described risk of harm is imminent
312319 unless the person is immediately restrained; and
313320 (C) [(D)] emergency detention is the least
314321 restrictive means by which the necessary restraint may be
315322 accomplished; and
316323 (3) includes:
317324 (A) a description of the nature of the person's
318325 mental illness;
319326 (B) a specific description of the risk of harm
320327 the person evidences [that may be demonstrated either by the
321328 person's behavior or by evidence of severe emotional distress and
322329 deterioration in the person's mental condition] to the extent that
323330 the person cannot remain at liberty; and
324331 (C) the specific detailed information from which
325332 the physician formed the opinion in Subdivision (2).
326333 SECTION 7. Section 574.001(b), Health and Safety Code, is
327334 amended to read as follows:
328335 (b) Except as provided by Subsection (f), the application
329336 must be filed with the county clerk in the county in which the
330337 proposed patient:
331338 (1) resides;
332339 (2) is located at the time the application is filed [is
333340 found]; [or]
334341 (3) was apprehended under Chapter 573; or
335342 (4) is receiving mental health services by court order
336343 or under Subchapter A, Chapter 573.
337344 SECTION 8. Sections 574.011(a) and (b), Health and Safety
338345 Code, are amended to read as follows:
339346 (a) A certificate of medical examination for mental illness
340347 must be sworn to, dated, and signed by the examining
341348 physician. The certificate must include:
342349 (1) the name and address of the examining physician;
343350 (2) the name and address of the person examined;
344351 (3) the date and place of the examination;
345352 (4) a brief diagnosis of the examined person's
346353 physical and mental condition;
347354 (5) the period, if any, during which the examined
348355 person has been under the care of the examining physician;
349356 (6) an accurate description of the mental health
350357 treatment, if any, given by or administered under the direction of
351358 the examining physician; and
352359 (7) the examining physician's opinion that:
353360 (A) the examined person is a person with mental
354361 illness[;] and
355362 [(B)] as a result of that illness the examined
356363 person is:
357364 (i) likely to cause serious harm to the
358365 person or to others; [or is:]
359366 (ii) [(i)] suffering severe and abnormal
360367 mental, emotional, or physical distress;
361368 (iii) [(ii)] experiencing substantial
362369 mental or physical deterioration of the proposed patient's ability
363370 to function independently, which is exhibited by the proposed
364371 patient's inability, except for reasons of indigence, to provide
365372 for the proposed patient's basic needs, including food, clothing,
366373 health, or safety; [and]
367374 (iv) [(iii)] not able to make a rational
368375 and informed decision as to whether to submit to treatment; or
369376 (v) evidencing an inability to recognize
370377 symptoms or appreciate the risks and benefits of treatment; and
371378 (B) in the absence of inpatient mental health
372379 treatment, the examined person is likely to suffer serious risk of
373380 harm or to inflict serious harm on another person.
374381 (b) The examining physician must specify in the certificate
375382 which criterion listed in Subsection (a)(7) [(a)(7)(B)] forms the
376383 basis for the physician's opinion.
377384 SECTION 9. Sections 574.034(a) and (d), Health and Safety
378385 Code, are amended to read as follows:
379386 (a) The judge may order a proposed patient to receive
380387 court-ordered temporary inpatient mental health services only if
381388 the judge or jury finds, from clear and convincing evidence, that:
382389 (1) the proposed patient is a person with mental
383390 illness; and
384391 (2) as a result of that mental illness the proposed
385392 patient:
386393 (A) is likely to cause serious harm to the
387394 proposed patient;
388395 (B) is likely to cause serious harm to others;
389396 [or]
390397 (C) is:
391398 (i) suffering severe and abnormal mental,
392399 emotional, or physical distress;
393400 (ii) experiencing substantial mental or
394401 physical deterioration of the proposed patient's ability to
395402 function independently, which is exhibited by the proposed
396403 patient's inability, except for reasons of indigence, to provide
397404 for the proposed patient's basic needs, including food, clothing,
398405 health, or safety; [and]
399406 (iii) unable to make a rational and
400407 informed decision as to whether or not to submit to treatment; or
401408 (iv) evidencing an inability to recognize
402409 symptoms or to appreciate the risks and benefits of treatment; and
403410 (D) in the absence of court-ordered temporary
404- inpatient mental health services, is likely to suffer serious risk
411+ outpatient mental health services, is likely to suffer serious risk
405412 of harm or to inflict serious harm on another person.
406413 (d) To be clear and convincing under Subsection (a), the
407414 evidence must include expert testimony and, unless waived, evidence
408415 of a recent overt act or a continuing pattern of behavior that tends
409416 to confirm:
410417 (1) the likelihood of serious harm to the proposed
411418 patient or others and[; or
412419 [(2)] the proposed patient's distress and the
413420 deterioration of the proposed patient's ability to function; or
414421 (2) the proposed patient's inability to recognize
415422 symptoms or appreciate the risks and benefits of treatment.
416423 SECTION 10. Sections 574.035(a) and (e), Health and Safety
417424 Code, are amended to read as follows:
418425 (a) The judge may order a proposed patient to receive
419426 court-ordered extended inpatient mental health services only if the
420427 jury, or the judge if the right to a jury is waived, finds, from
421428 clear and convincing evidence, that:
422429 (1) the proposed patient is a person with mental
423430 illness;
424431 (2) as a result of that mental illness the proposed
425432 patient:
426433 (A) is likely to cause serious harm to the
427434 proposed patient;
428435 (B) is likely to cause serious harm to others;
429436 [or]
430437 (C) is:
431438 (i) suffering severe and abnormal mental,
432439 emotional, or physical distress;
433440 (ii) experiencing substantial mental or
434441 physical deterioration of the proposed patient's ability to
435442 function independently, which is exhibited by the proposed
436443 patient's inability, except for reasons of indigence, to provide
437444 for the proposed patient's basic needs, including food, clothing,
438445 health, or safety; [and]
439446 (iii) unable to make a rational and
440447 informed decision as to whether or not to submit to treatment; or
441448 (iv) evidencing an inability to recognize
442449 symptoms or appreciate the risks and benefits of treatment; and
443- (D) in the absence of court-ordered extended
444- inpatient mental health services, is likely to suffer serious risk
450+ (D) in the absence of court-ordered temporary
451+ outpatient mental health services, is likely to suffer serious risk
445452 of harm or to inflict serious harm on another person;
446453 (3) the proposed patient's condition is expected to
447454 continue for more than 90 days; and
448455 (4) the proposed patient has received court-ordered
449456 inpatient mental health services under this subtitle or under
450457 Chapter 46B, Code of Criminal Procedure, for at least 60
451458 consecutive days during the preceding 12 months.
452459 (e) To be clear and convincing under Subsection (a), the
453460 evidence must include expert testimony and evidence of a recent
454461 overt act or a continuing pattern of behavior that tends to confirm:
455462 (1) the likelihood of serious harm to the proposed
456463 patient or others and[; or
457464 [(2)] the proposed patient's distress and the
458465 deterioration of the proposed patient's ability to function; or
459466 (2) the proposed patient's inability to recognize
460467 symptoms or appreciate the risks and benefits of treatment.
461468 SECTION 11. Section 574.064(a-1), Health and Safety Code,
462469 is amended to read as follows:
463470 (a-1) A physician shall evaluate the patient as soon as
464471 possible within 24 hours after the time detention begins to
465472 determine whether the patient, due to mental illness:
466473 (1) [,] presents a substantial risk of serious harm to
467474 the patient or others;
468475 (2) evidences severe emotional distress and
469476 deterioration in the person's mental condition;
470477 (3) evidences an inability to recognize symptoms or
471478 appreciate the risks and benefits of treatment; and
472479 (4) is likely without immediate detention to suffer
473480 serious risk of harm or to inflict serious harm on another person to
474481 the extent [so] that the patient cannot be at liberty pending the
475482 probable cause hearing under Subsection (b). [The determination
476483 that the patient presents a substantial risk of serious harm to the
477484 patient or others may be demonstrated by:
478485 [(1) the patient's behavior; or
479486 [(2) evidence of severe emotional distress and
480487 deterioration in the patient's mental condition to the extent that
481488 the patient cannot live safely in the community.]
482489 SECTION 12. The following provisions of the Health and
483490 Safety Code are repealed:
484491 (1) Section 573.001(b);
485492 (2) Section 573.003(b); and
486493 (3) Section 573.012(c).
487494 SECTION 13. Chapter 573, Health and Safety Code, as amended
488495 by this Act, applies only to an emergency detention that begins on
489496 or after the effective date of this Act. An emergency detention
490497 that begins before the effective date of this Act is governed by the
491498 law as it existed immediately before the effective date of this Act,
492499 and that law is continued in effect for that purpose.
493500 SECTION 14. Chapter 574, Health and Safety Code, as amended
494501 by this Act, applies only to an application or proceeding for
495502 court-ordered mental health services submitted or that occurs on or
496503 after the effective date of this Act, regardless of when an offense
497504 with which the defendant is charged was committed.
498505 SECTION 15. This Act takes effect September 1, 2025.
506+ * * * * *
499507
500508
501509
502510 YES NO UNKNOWN NOTES
503511
504512
505513
506514 Harm to self
507515
508516
509517
510518 or stating an
511519
512520
513521
514522 intention to
515523
516524
517525
518526 harm self?
519527
520528
521529
522530 Previous
523531
524532
525533
526534 attempt to
527535
528536
529537
530538 commit
531539
532540
533541
534542 suicide?
535543
536544
537545
538546 Harm to
539547
540548
541549
542550 others or
543551
544552
545553
546554 stating an
547555
548556
549557
550558 intention to
551559
552560
553561
554562 harm others?
555563
556564
557565
558566 Previous
559567
560568
561569
562570 serious harm
563571
564572
565573
566574 or injury to
567575
568576
569577
570578 others?
571579
572580
573581
574582 Previous
575583
576584
577585
578586 psychiatric
579587
580588
581589
582590 hospital
583591
584592
585593
586594 treatment?
587595
588596
589597
590598 Reported
591599
592600
593601
594602 mental health
595603
596604
597605
598606 diagnosis?
599607
600608
601609
602610 Prescribed
603611
604612
605613
606614 psychiatric
607615
608616
609617
610618 medications?
611619
612620
613621
614622 Current
615623
616624
617625
618626 psychiatric
619627
620628
621629
622630 medications
623631
624632
625633
626634 taken?
627635
628636
629637
630638 Sleeping
631639
632640
633641
634642 difficulty?
635643
636644
637645
638646 Substance use
639647
640648
641649
642650 disorder?