Bill Text: TX HB1738 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the emergency detention by a peace officer of a person who may have mental illness, including information provided to the person subject to detention and a standard form of notification of detention to be provided to a facility by a peace officer.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1738 Detail]
Download: Texas-2013-HB1738-Enrolled.html
H.B. No. 1738 |
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relating to the emergency detention by a peace officer of a person | ||
who may have mental illness, including information provided to the | ||
person subject to detention and a standard form of notification of | ||
detention to be provided to a facility by a peace officer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 573.001, Health and Safety Code, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) A peace officer who takes a person into custody under | ||
Subsection (a) shall immediately inform the person orally in | ||
simple, nontechnical terms: | ||
(1) of the reason for the detention; and | ||
(2) that a staff member of the facility will inform the | ||
person of the person's rights within 24 hours after the time the | ||
person is admitted to a facility, as provided by Section | ||
573.025(b). | ||
SECTION 2. Section 573.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF [ |
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facility a notification of [ |
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transporting a person to that [ |
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[ |
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(b) The notification of [ |
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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 [ |
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(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; | ||
(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; | ||
(6) a detailed description of the specific behavior, | ||
acts, attempts, or threats; and | ||
(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 | ||
detention described by this section. | ||
(d) The peace officer shall give the notification of | ||
detention on the following form: | ||
Notification--Emergency DetentionNO. ____________________ | ||
DATE:_______________ TIME:_______________ | ||
THE STATE OF TEXAS | ||
FOR THE BEST INTEREST AND PROTECTION OF: | ||
______________________________________ | ||
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 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. | ||
4. My beliefs are based upon the following recent behavior, overt | ||
acts, attempts, statements, or threats observed by me or reliably | ||
reported to me: | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
5. The names, addresses, 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): | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
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 □ | ||
_________________________BADGE NO. _____________________ | ||
PEACE OFFICER'S SIGNATURE | ||
Address: _________________________ Zip Code: ____________________ | ||
Telephone: ______________________ | ||
A mental health facility or hospital emergency department may not | ||
require a peace officer to execute any form other than this form as | ||
a predicate to accepting for temporary admission a person detained | ||
under Section 573.001, Texas Health and Safety Code. | ||
(e) A mental health facility or hospital emergency | ||
department may not require a peace officer to execute any form other | ||
than the form provided by Subsection (d) as a predicate to accepting | ||
for temporary admission a person detained under Section 573.001. | ||
SECTION 3. Section 573.021(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A facility shall temporarily accept a person for whom an | ||
application for detention is filed or for whom a peace officer files | ||
a notification of detention under Section 573.002(a). | ||
SECTION 4. Section 573.025, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR | ||
TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended, | ||
detained, or transported for emergency detention under this chapter | ||
has the right: | ||
(1) to be advised of the location of detention, the | ||
reasons for the detention, and the fact that the detention could | ||
result in a longer period of involuntary commitment; | ||
(2) to a reasonable opportunity to communicate with | ||
and retain an attorney; | ||
(3) to be transported to a location as provided by | ||
Section 573.024 if the person is not admitted for emergency | ||
detention, unless the person is arrested or objects; | ||
(4) to be released from a facility as provided by | ||
Section 573.023; | ||
(5) to be advised that communications with a mental | ||
health professional may be used in proceedings for further | ||
detention; [ |
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(6) to be transported in accordance with Sections | ||
573.026 and 574.045, if the person is detained under Section | ||
573.022 or transported under an order of protective custody under | ||
Section 574.023; and | ||
(7) to a reasonable opportunity to communicate with a | ||
relative or other responsible person who has a proper interest in | ||
the person's welfare. | ||
(b) A person apprehended, detained, or transported for | ||
emergency detention under this subtitle shall be informed of the | ||
rights provided by this section and this subtitle: | ||
(1) orally in simple, nontechnical terms, within 24 | ||
hours after the time the person is admitted to a facility, and in | ||
writing in the person's primary language if possible; or | ||
(2) through the use of a means reasonably calculated | ||
to communicate with a hearing or visually impaired person, if | ||
applicable. | ||
(c) The executive commissioner of the Health and Human | ||
Services Commission by rule shall prescribe the manner in which the | ||
person is informed of the person's rights under this section and | ||
this subtitle. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1738 was passed by the House on April | ||
11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1738 on May 16, 2013, by the following vote: Yeas 143, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1738 was passed by the Senate, with | ||
amendments, on May 13, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |