Bill Text: TX SB1162 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to reporting regarding, the apprehension and transportation of, and records relating to certain persons who are or may be persons with mental illness.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-10 - Left pending in committee [SB1162 Detail]
Download: Texas-2011-SB1162-Introduced.html
82R9559 EES-F | ||
By: Wentworth | S.B. No. 1162 |
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relating to reporting regarding, the apprehension and | ||
transportation of, and records relating to certain persons who are | ||
or may be persons with mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 611.004, Health and Safety Code, is | ||
amended by adding Subsections (e) and (f) to read as follows: | ||
(e) A professional shall report to law enforcement | ||
personnel and disclose confidential information relating to a | ||
patient if the professional has reason to believe and does believe | ||
that the patient or another person is mentally ill and intends to: | ||
(1) attempt suicide by acting in a manner that | ||
provokes a lethal response by a police officer; | ||
(2) cause serious bodily injury to a government | ||
official; or | ||
(3) cause serious bodily injury to another individual. | ||
(f) A professional who in good faith discloses confidential | ||
information in accordance with Subsection (e) is immune from civil | ||
or criminal liability for that disclosure. | ||
SECTION 2. Subchapter A, Chapter 573, Health and Safety | ||
Code, is amended by adding Section 573.0015 to read as follows: | ||
Sec. 573.0015. APPREHENSION BY PEACE OFFICER WITHOUT | ||
WARRANT ON CERTAIN REPORT BY MENTAL HEALTH PROFESSIONAL. A peace | ||
officer, without a warrant, may take a person into custody in the | ||
manner provided in Section 573.001 if the officer receives from a | ||
mental health professional a report in accordance with Section | ||
611.004(e) of the professional's belief that the person is mentally | ||
ill and intends to attempt an action described by that subsection. | ||
SECTION 3. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 5A to read as follows: | ||
CHAPTER 5A. PREVENTION OF SUICIDE AND PHYSICAL VIOLENCE BY | ||
MENTALLY ILL PERSONS | ||
Art. 5A.01. REPORT OF APPREHENSION OF CERTAIN PERSONS | ||
BELIEVED TO BE MENTALLY ILL AND DANGEROUS REQUIRED. (a) A peace | ||
officer who takes a person into custody in accordance with Section | ||
573.0015, Health and Safety Code, shall make a written report that | ||
includes: | ||
(1) the name of the person taken into custody; | ||
(2) the name of the mental health professional who | ||
reported to law enforcement personnel in accordance with Section | ||
611.004(e), Health and Safety Code, the professional's belief that | ||
the person is mentally ill and intends to attempt an action | ||
described by that subsection; | ||
(3) a description of the action the professional | ||
believes the person intended to take; and | ||
(4) the name of the government official or other | ||
individual to whom the person intended to cause serious bodily | ||
injury, if applicable. | ||
(b) A peace officer shall provide a copy of the report | ||
described by Subsection (a) to the bureau of identification and | ||
records of the Department of Public Safety of the State of Texas for | ||
the bureau's recordkeeping function under Section 411.042, | ||
Government Code. | ||
Art. 5A.02. CERTAIN RECORDKEEPING REQUIRED. (a) Each local | ||
law enforcement agency shall establish a departmental code for | ||
identifying and retrieving reports received under Article 5A.01. | ||
(b) In order to ensure that an officer investigating an | ||
incident or responding to a disturbance call that involves or may | ||
involve a person who is mentally ill is aware of the existence of a | ||
report made under Article 5A.01(a), each local law enforcement | ||
agency shall establish procedures within the agency to provide to | ||
officers adequate information or access to information concerning | ||
the identity of a person identified in a report as a person who has | ||
been taken into custody because of a report by a mental health | ||
professional under Section 611.004(e), Health and Safety Code, and | ||
the action the professional believes the person intended to take. | ||
(c) The district or county attorney exercising authority in | ||
the county in which the law enforcement agency has jurisdiction is | ||
entitled to access the records created under this chapter. | ||
SECTION 4. Section 411.042(b), Government Code, is amended | ||
to read as follows: | ||
(b) The bureau of identification and records shall: | ||
(1) procure and file for record photographs, pictures, | ||
descriptions, fingerprints, measurements, and other pertinent | ||
information of all persons arrested for or charged with a criminal | ||
offense or convicted of a criminal offense, regardless of whether | ||
the conviction is probated; | ||
(2) collect information concerning the number and | ||
nature of offenses reported or known to have been committed in the | ||
state and the legal steps taken in connection with the offenses, and | ||
other information useful in the study of crime and the | ||
administration of justice, including information that enables the | ||
bureau to create a statistical breakdown of offenses in which | ||
family violence was involved and a statistical breakdown of | ||
offenses under Sections 22.011 and 22.021, Penal Code; | ||
(3) make ballistic tests of bullets and firearms and | ||
chemical analyses of bloodstains, cloth, materials, and other | ||
substances for law enforcement officers of the state; | ||
(4) cooperate with identification and crime records | ||
bureaus in other states and the United States Department of | ||
Justice; | ||
(5) maintain a list of all previous background checks | ||
for applicants for any position regulated under Chapter 1702, | ||
Occupations Code, who have undergone a criminal history background | ||
check under Section 411.119, if the check indicates a Class B | ||
misdemeanor or equivalent offense or a greater offense; | ||
(6) collect information concerning the number and | ||
nature of protective orders and all other pertinent information | ||
about all persons on active protective orders. Information in the | ||
law enforcement information system relating to an active protective | ||
order shall include: | ||
(A) the name, sex, race, date of birth, personal | ||
descriptors, address, and county of residence of the person to whom | ||
the order is directed; | ||
(B) any known identifying number of the person to | ||
whom the order is directed, including the person's social security | ||
number or driver's license number; | ||
(C) the name and county of residence of the | ||
person protected by the order; | ||
(D) the residence address and place of employment | ||
or business of the person protected by the order, unless that | ||
information is excluded from the order under Section 85.007, Family | ||
Code; | ||
(E) the child-care facility or school where a | ||
child protected by the order normally resides or which the child | ||
normally attends, unless that information is excluded from the | ||
order under Section 85.007, Family Code; | ||
(F) the relationship or former relationship | ||
between the person who is protected by the order and the person to | ||
whom the order is directed; and | ||
(G) the date the order expires; | ||
(7) grant access to criminal history record | ||
information in the manner authorized under Subchapter F; | ||
(8) collect and disseminate information regarding | ||
offenders with mental impairments in compliance with Chapter 614, | ||
Health and Safety Code; [ |
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(9) record data and maintain a state database for a | ||
computerized criminal history record system and computerized | ||
juvenile justice information system that serves: | ||
(A) as the record creation point for criminal | ||
history record information and juvenile justice information | ||
maintained by the state; and | ||
(B) as the control terminal for the entry of | ||
records, in accordance with federal law and regulations, federal | ||
executive orders, and federal policy, into the federal database | ||
maintained by the Federal Bureau of Investigation; | ||
(10) procure and file for record fingerprints and | ||
other pertinent information of each person: | ||
(A) ordered by a court to receive inpatient | ||
mental health services under Chapter 574, Health and Safety Code; | ||
or | ||
(B) acquitted in a criminal case by reason of | ||
insanity or lack of mental responsibility, regardless of whether | ||
the person is ordered by a court to receive inpatient treatment or | ||
residential care under Chapter 46C, Code of Criminal Procedure; and | ||
(11) collect and disseminate information regarding | ||
the apprehension of certain persons because of a report by a mental | ||
health professional under Section 611.004(e), Health and Safety | ||
Code. | ||
SECTION 5. Section 574.045(e), Health and Safety Code, is | ||
repealed. | ||
SECTION 6. Section 611.004(f), Health and Safety Code, as | ||
added by this Act, applies only to a disclosure of confidential | ||
information made on or after the effective date of this Act. | ||
SECTION 7. As soon as practicable after the effective date | ||
of this Act, the Department of Public Safety of the State of Texas | ||
shall procure and file the fingerprints and information required by | ||
Section 411.042(b)(10), Government Code, as added by this Act. | ||
SECTION 8. This Act takes effect September 1, 2011. |