Bill Text: TX SB1593 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a standard form of notification for the detention of a person with mental illness.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-19 - Referred to Health & Human Services [SB1593 Detail]
Download: Texas-2013-SB1593-Introduced.html
83R4659 GCB-D | ||
By: Zaffirini | S.B. No. 1593 |
|
||
|
||
relating to a standard form of notification for the detention of a | ||
person with mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 573.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF [ |
||
|
||
facility a notification of [ |
||
transporting a person to that [ |
||
[ |
||
(b) The notification of [ |
||
contain: | ||
(1) a statement that the officer has reason to believe | ||
and does believe that the person evidences mental illness; | ||
(2) a statement that the officer has reason to believe | ||
and does believe that the person evidences a substantial risk of | ||
serious harm to himself or others; | ||
(3) a specific description of the risk of harm; | ||
(4) a statement that the officer has reason to believe | ||
and does believe that the risk of harm is imminent unless the person | ||
is immediately restrained; | ||
(5) a statement that the officer's beliefs are derived | ||
from specific recent behavior, overt acts, attempts, or threats | ||
that were observed by or reliably reported to the officer; | ||
(6) a detailed description of the specific behavior, | ||
acts, attempts, or threats; and | ||
(7) the name and relationship to the apprehended | ||
person of any person who reported or observed the behavior, acts, | ||
attempts, or threats. | ||
(c) The facility where the person is detained shall include | ||
in the detained person's clinical file the notification of | ||
detention described by this section. | ||
(d) The peace officer shall give the notification of | ||
detention on the following form: | ||
Notification--Emergency DetentionNO. ____________________ | ||
THE STATE OF TEXAS | ||
FOR THE BEST INTEREST AND PROTECTION OF: | ||
______________________________________ | ||
NOTIFICATION OF EMERGENCY DETENTION | ||
Now comes _____________________________, a peace officer with | ||
(name of agency) _____________________________, of the State of | ||
Texas, and states as follows: | ||
1. I have reason to believe and do believe that (name of person to | ||
be detained) __________________________ evidences mental illness. | ||
2. I have reason to believe and do believe that the above-named | ||
person evidences a substantial risk of serious harm to | ||
himself/herself or others based upon the following: | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
3. I have reason to believe and do believe that the above risk of | ||
harm is imminent unless the above-named person is immediately | ||
restrained. | ||
4. My beliefs are based upon the following recent behavior, overt | ||
acts, attempts, statements, or threats observed by me or reliably | ||
reported to me: | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
5. The names, addresses, and relationship to the above-named | ||
person of those persons who reported or observed recent behavior, | ||
acts, attempts, statements, or threats of the above-named person | ||
are (if applicable): | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
________________________________________________________________ | ||
For the above reasons, I present this notification to seek | ||
temporary admission to the (name of facility) | ||
_________________________ inpatient mental health facility or | ||
hospital facility for the detention of (name of person to be | ||
detained) __________________________ on an emergency basis. | ||
_________________________BADGE NO. _____________________ | ||
PEACE OFFICER'S SIGNATURE | ||
Address: _________________________ Zip Code: ____________________ | ||
Telephone: ______________________ | ||
A mental health facility or hospital emergency department may not | ||
require a peace officer to execute any form other than this form as | ||
a predicate to accepting for temporary admission a person detained | ||
under Section 573.001, Texas Health and Safety Code. | ||
(e) A mental health facility or hospital emergency | ||
department may not require a peace officer to execute any form other | ||
than the form provided by Subsection (d) as a predicate to accepting | ||
for temporary admission a person detained under Section 573.001, | ||
Health and Safety Code. | ||
SECTION 2. Section 573.021(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A facility shall temporarily accept a person for whom an | ||
application for detention is filed or for whom a peace officer files | ||
a notification of detention under Section 573.002(a). | ||
SECTION 3. This Act takes effect September 1, 2013. |