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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a peace officer to apprehend a person |
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for emergency detention and the authority of certain facilities to |
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temporarily detain a person with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 573, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION, |
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OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
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DETENTION BY GUARDIAN] |
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SECTION 2. Section 573.001, Health and Safety Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) A peace officer may take a person who has been admitted |
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to a facility into custody under this section. For purposes of this |
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subsection, "facility" has the meaning assigned by Section 573.005. |
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SECTION 3. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.005 to read as follows: |
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Sec. 573.005. TEMPORARY DETENTION BY CERTAIN FACILITIES. |
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(a) In this section, "facility" means: |
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(1) a mental health facility; |
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(2) a hospital, or the emergency department of a |
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hospital, licensed under Chapter 241; and |
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(3) a freestanding emergency medical care facility |
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licensed under Chapter 254. |
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(b) This section does not apply to a person who has been |
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transported to a facility for emergency detention under this |
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chapter. |
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(c) A facility may detain a person who voluntarily requested |
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treatment from the facility or who lacks the capacity to consent to |
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treatment, as provided by this section, if: |
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(1) the person expresses a desire to leave the |
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facility or attempts to leave the facility before the examination |
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or treatment is completed; and |
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(2) a physician at the facility: |
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(A) has reason to believe and does believe that: |
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(i) the person has a mental illness; and |
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(ii) because of that mental illness there |
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is a substantial risk of serious harm to the person or to others |
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unless the person is immediately restrained; and |
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(B) believes that there is not sufficient time to |
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file an application for emergency detention or for an order of |
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protective custody. |
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(d) The facility staff or physician shall notify the person |
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if the facility intends to detain the person under this section. |
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(e) The physician shall document a decision to detain a |
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person under this section and place that notice of detention in the |
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person's medical record. The notice of detention must contain: |
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(1) a statement that the physician has reason to |
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believe and does believe that the person evidences mental illness; |
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(2) a statement that the physician has reason to |
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believe and does believe that the person evidences a substantial |
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risk of serious harm to the person or others; |
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(3) a specific description of the risk of harm; |
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(4) a statement that the physician has reason to |
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believe and does believe that the risk of harm is imminent unless |
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the person is immediately restrained; |
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(5) a statement that the physician's beliefs are |
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derived from specific recent behavior, overt acts, attempts, or |
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threats that were observed by or reliably reported to the |
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physician; and |
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(6) a detailed description of the specific behavior, |
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acts, attempts, or threats. |
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(f) The period of a person's detention authorized by this |
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section may not exceed four hours following the time the person |
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first expressed a desire to leave, or attempted to leave, the |
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facility. The facility shall release the person not later than the |
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end of the four-hour period unless the facility arranges for a peace |
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officer to take the person into custody under Section 573.001 or an |
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order of protective custody is issued. |
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(g) A physician, person, or facility that detains or fails |
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to detain a person under this section and who acts in good faith and |
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without malice is not civilly or criminally liable for that action. |
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(h) Detention of a person under this section is not |
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considered involuntary psychiatric hospitalization for purposes of |
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Section 411.172(e), Government Code. |
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SECTION 4. This Act takes effect September 1, 2015. |
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* * * * * |