Bill Text: TX SB1511 | 2021-2022 | 87th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1511 Detail]
Download: Texas-2021-SB1511-Introduced.html
87R11246 EAS-D | ||
By: Zaffirini | S.B. No. 1511 |
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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. |