Bill Text: TX HB2507 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to procedures for the emergency detention of certain persons with mental illness.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-01 - Left pending in committee [HB2507 Detail]
Download: Texas-2023-HB2507-Introduced.html
88R9589 MPF-F | ||
By: Jetton | H.B. No. 2507 |
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relating to procedures for the emergency detention of certain | ||
persons with mental illness. | ||
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 (i) to read as follows: | ||
(i) A peace officer may detain in custody under this section | ||
a person who has been admitted to a facility, regardless of whether | ||
the person was admitted for voluntary mental health services. | ||
SECTION 2. Section 573.012, Health and Safety Code, is | ||
amended by amending Subsections (a), (e), and (h) and adding | ||
Subsection (h-2) to read as follows: | ||
(a) Except as provided by Subsection (h), an applicant for | ||
emergency detention must present the application personally to a | ||
judge or magistrate. The judge or magistrate shall examine the | ||
application and may interview the applicant. Except as provided by | ||
Subsections [ |
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probate jurisdiction by administrative order may provide that the | ||
application must be: | ||
(1) presented personally to the court; or | ||
(2) retained by court staff and presented to another | ||
judge or magistrate as soon as is practicable if the judge of the | ||
court is not available at the time the application is presented. | ||
(e) A person apprehended under this section who has not been | ||
admitted to a mental health facility at the time the warrant is | ||
issued under Subsection (h-1) shall be transported for a | ||
preliminary examination in accordance with Section 573.021 to: | ||
(1) the nearest appropriate inpatient mental health | ||
facility; or | ||
(2) a mental health facility deemed suitable by the | ||
local mental health authority, if an appropriate inpatient mental | ||
health facility is not available. | ||
(h) A judge or magistrate shall [ |
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who is a physician to present an application by: | ||
(1) e-mail with the application attached as a secure | ||
document in a portable document format (PDF); or | ||
(2) another secure electronic means, including: | ||
(A) satellite transmission; | ||
(B) closed-circuit television transmission; or | ||
(C) any other method of two-way electronic | ||
communication that: | ||
(i) is secure; | ||
(ii) is available to the judge or | ||
magistrate; and | ||
(iii) provides for a simultaneous, | ||
compressed full-motion video and interactive communication of | ||
image and sound between the judge or magistrate and the applicant. | ||
(h-2) If a judge or magistrate transmits a warrant under | ||
Subsection (h-1) for the detention of a person who has been admitted | ||
to a facility at the time the application is presented under | ||
Subsection (h), the facility may detain the person to perform a | ||
preliminary examination in accordance with Section 573.021. | ||
SECTION 3. The changes in law made by this Act apply to an | ||
emergency detention under Chapter 573, Health and Safety Code, that | ||
begins on or after the effective date of this Act. An emergency | ||
detention under Chapter 573, Health and Safety Code, that begins | ||
before the effective date of this Act is governed by the law as it | ||
existed immediately before that date, and that law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2023. |