87R11246 EAS-D
 
  By: Moody H.B. No. 3977
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the emergency detention of certain persons with a
  mental illness or cognitive disability and the scope of an order for
  psychoactive medication for certain patients under court-ordered
  mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.191, Code of Criminal Procedure, is
  amended by amending Subsections (a), (b), (f), (g), and (h) to read
  as follows:
         (a)  A law enforcement officer who seizes a firearm from a
  person taken into custody under Section 573.001 or 573.012, Health
  and Safety Code, and not in connection with an offense involving the
  use of a weapon or an offense under Chapter 46, Penal Code, shall
  immediately provide the person a written copy of the receipt for the
  firearm and a written notice of the procedure for the return of a
  firearm under this article.
         (b)  The law enforcement agency holding a firearm subject to
  disposition under this article shall, as soon as possible, but not
  later than the 15th day after the date the person is taken into
  custody under Section 573.001 or 573.012, Health and Safety Code,
  provide written notice of the procedure for the return of a firearm
  under this article to the last known address of the person's closest
  immediate family member as identified by the person or reasonably
  identifiable by the law enforcement agency, sent by certified mail,
  return receipt requested. The written notice must state the date by
  which a request for the return of the firearm must be submitted to
  the law enforcement agency as provided by Subsection (h).
         (f)  A person who receives notice under Subsection (e) may
  dispose of the person's firearm by:
               (1)  releasing the firearm to the person's designee,
  if:
                     (A)  the law enforcement agency holding the
  firearm conducts a check of state and national criminal history
  record information and verifies that the designee may lawfully
  possess a firearm under 18 U.S.C. Section 922(g);
                     (B)  the person provides to the law enforcement
  agency a copy of a notarized statement releasing the firearm to the
  designee; and
                     (C)  the designee provides to the law enforcement
  agency an affidavit confirming that the designee:
                           (i)  will not allow access to the firearm by
  the person who was taken into custody under Section 573.001 or
  573.012, Health and Safety Code, at any time during which the person
  may not lawfully possess a firearm under 18 U.S.C. Section 922(g);
  and
                           (ii)  acknowledges the responsibility of the
  designee and no other person to verify whether the person has
  reestablished the person's eligibility to lawfully possess a
  firearm under 18 U.S.C. Section 922(g); or
               (2)  releasing the firearm to the law enforcement
  agency holding the firearm, for disposition under Subsection (h).
         (g)  If a firearm subject to disposition under this article
  is wholly or partly owned by a person other than the person taken
  into custody under Section 573.001 or 573.012, Health and Safety
  Code, the law enforcement agency holding the firearm shall release
  the firearm to the person claiming a right to or interest in the
  firearm after:
               (1)  the person provides an affidavit confirming that
  the person:
                     (A)  wholly or partly owns the firearm;
                     (B)  will not allow access to the firearm by the
  person who was taken into custody under Section 573.001 or 573.012,
  Health and Safety Code, at any time during which that person may not
  lawfully possess a firearm under 18 U.S.C. Section 922(g); and
                     (C)  acknowledges the responsibility of the
  person and no other person to verify whether the person who was
  taken into custody under Section 573.001 or 573.012, Health and
  Safety Code, has reestablished the person's eligibility to lawfully
  possess a firearm under 18 U.S.C. Section 922(g); and
               (2)  the law enforcement agency holding the firearm
  conducts a check of state and national criminal history record
  information and verifies that the person claiming a right to or
  interest in the firearm may lawfully possess a firearm under 18
  U.S.C. Section 922(g).
         (h)  If a person to whom written notice is provided under
  Subsection (b) or another lawful owner of a firearm subject to
  disposition under this article does not submit a written request to
  the law enforcement agency for the return of the firearm before the
  121st day after the date the law enforcement agency holding the
  firearm provides written notice under Subsection (b), the law
  enforcement agency may have the firearm sold by a person who is a
  licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
  from the sale of a firearm under this subsection shall be given to
  the owner of the seized firearm, less the cost of administering this
  subsection. An unclaimed firearm that was seized from a person
  taken into custody under Section 573.001 or 573.012, Health and
  Safety Code, may not be destroyed or forfeited to the state.
         SECTION 2.  Section 573.012, Health and Safety Code, is
  amended by amending Subsections (a) and (h-1) and adding
  Subsections (d-1), (h-2), and (h-3) to read as follows:
         (a)  Except as provided by Subsection (h) or (h-2), 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 Subsection (g), the judge of a court with 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.
         (d-1)  A peace officer may immediately seize any firearm
  found in the possession of a person for whom a warrant has been
  issued under Subsection (d). Article 18.191, Code of Criminal
  Procedure, applies to the disposition of a firearm seized by a peace
  officer in accordance with this subsection.
         (h-1)  After the presentation of an application under
  Subsection (h) or (h-2), the judge or magistrate may transmit a
  warrant to the applicant:
               (1)  electronically, if a digital signature, as defined
  by Article 2.26, Code of Criminal Procedure, is transmitted with
  the document; or
               (2)  by e-mail with the warrant attached as a secure
  document in a portable document format (PDF), if the identifiable
  legal signature of the judge or magistrate is transmitted with the
  document.
         (h-2)  If the person who is the subject of an application for
  emergency detention is receiving care in a hospital or other
  facility operated by a local mental health authority, a judge or
  magistrate may permit an applicant who is a licensed physician
  assistant, nurse practitioner, or nonphysician mental health
  professional to present an application in the manner provided by
  Subsection (h).
         (h-3)  In this section, "nonphysician mental health
  professional" means:
                     (A)  a psychologist licensed to practice in this
  state and designated as a health-service provider;
                     (B)  a registered nurse with a master's or
  doctoral degree in psychiatric nursing;
                     (C)  a licensed clinical social worker; or
                     (D)  a licensed professional counselor licensed
  to practice in this state.
         SECTION 3.  Section 574.106, Health and Safety Code, is
  amended by adding Subsection (a-2) to read as follows:
         (a-2)  An order under Subsection (a) includes the authority
  to take a patient's blood sample to conduct medically necessary
  laboratory tests to ensure that a psychoactive medication is being
  safely administered.
         SECTION 4.  This Act takes effect September 1, 2021.