Bill Text: TX HB3149 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to an extension for the time a person may be detained in custody for a preliminary examination.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-10 - No action taken in committee [HB3149 Detail]
Download: Texas-2013-HB3149-Introduced.html
| 83R10579 AED-F | ||
| By: Collier | H.B. No. 3149 | |
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| relating to an extension for the time a person may be detained in | ||
| custody for a preliminary examination. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 573.021(b), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (b) Except as provided by Section 573.0211, a [ |
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| accepted for a preliminary examination may be detained in custody | ||
| for not longer than 48 hours after the time the person is presented | ||
| to the facility unless a written order for protective custody is | ||
| obtained. The 48-hour period allowed by this section includes any | ||
| time the patient spends waiting in the facility for medical care | ||
| before the person receives the preliminary examination. If the | ||
| 48-hour period ends on a Saturday, Sunday, legal holiday, or before | ||
| 4 p.m. on the first succeeding business day, the person may be | ||
| detained until 4 p.m. on the first succeeding business day. If the | ||
| 48-hour period ends at a different time, the person may be detained | ||
| only until 4 p.m. on the day the 48-hour period ends. If extremely | ||
| hazardous weather conditions exist or a disaster occurs, the | ||
| presiding judge or magistrate may, by written order made each day, | ||
| extend by an additional 24 hours the period during which the person | ||
| may be detained. The written order must declare that an emergency | ||
| exists because of the weather or the occurrence of a disaster. | ||
| SECTION 2. Subchapter C, Chapter 573, Health and Safety | ||
| Code, is amended by adding Section 573.0211 to read as follows: | ||
| Sec. 573.0211. PRELIMINARY EXAMINATION EXTENSION. (a) A | ||
| county may adopt the procedure provided by this section to extend | ||
| the period for a preliminary examination if a majority of the judges | ||
| of courts that have probate jurisdiction in the county approve the | ||
| adoption. | ||
| (b) If during the examination required under Section | ||
| 573.021(c) the physician determines that there is a reasonable | ||
| medical probability that additional evaluation, observation, or | ||
| treatment is needed to properly assess the person and determine if | ||
| the person needs court-ordered mental health services, the | ||
| physician and the person may agree to extend the detention beyond | ||
| the 48-hour period allowed under Section 573.021(b). The physician | ||
| and person may agree to a new extension for the detention period | ||
| only if: | ||
| (1) the person is represented by an attorney; | ||
| (2) the physician and the person, after consultation | ||
| with the person's attorney, agree that extending the detention | ||
| period is in the best interest of the person; | ||
| (3) the agreement is reflected in writing; | ||
| (4) the new extension period does not exceed 96 hours; | ||
| and | ||
| (5) the person and the person's attorney are provided a | ||
| copy of the written agreement. | ||
| (c) A judge of a court having probate jurisdiction in the | ||
| county may appoint an attorney to represent a person who requests an | ||
| extension under this section. An attorney appointed under this | ||
| section is subject to the requirements of Section 574.004. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
