Bill Text: TX SB44 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the detention and transportation of a person with a mental illness.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-22 - Committee report sent to Calendars [SB44 Detail]
Download: Texas-2011-SB44-Engrossed.html
By: Zaffirini, Hinojosa | S.B. No. 44 |
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relating to the detention and transportation of a person with a | ||
mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (d), (e), and (f), Section 573.001, | ||
Health and Safety Code, are amended to read as follows: | ||
(d) A peace officer who takes a person into custody under | ||
Subsection (a) shall immediately transport the apprehended person | ||
to: | ||
(1) the nearest appropriate inpatient mental health | ||
facility; [ |
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(2) a mental health facility deemed suitable by the | ||
local mental health authority, if an appropriate inpatient mental | ||
health facility is not available; or | ||
(3) a medical facility or other facility that the | ||
local mental health authority deems suitable, if a facility | ||
described in Subdivision (1) or (2) is not available. | ||
(e) A jail or similar detention facility used to detain | ||
persons charged with or convicted of a crime is not a facility [ |
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under this section unless another facility described by Subsection | ||
(d)(1) or (2) is not available and the nearest facility described by | ||
Subsection (d)(3) is located more than 75 miles from the location | ||
where the peace officer has custody of the person. A person may be | ||
detained in a jail or similar detention facility under this | ||
subsection for not longer than 12 hours. The sheriff or other | ||
officeholder responsible for the facility shall document: | ||
(1) the time the person's detention begins; | ||
(2) the duration of the detention; | ||
(3) the reason for the detention; and | ||
(4) the time a representative of the local mental | ||
health authority arrives at the facility [ |
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(f) The sheriff or officeholder responsible for [ |
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shall ensure that a person detained in the jail or similar detention | ||
facility is [ |
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or convicted of a crime. | ||
SECTION 2. Section 574.023, Health and Safety Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) A person taken into custody under this section may be | ||
detained only in the manner provided by Section 574.027. | ||
SECTION 3. Section 574.027, Health and Safety Code, is | ||
amended by amending Subsections (c) and (d) and adding Subsection | ||
(c-1) to read as follows: | ||
(c) A person under a protective custody order may not be | ||
detained in a jail or nonmedical facility used to detain persons who | ||
are charged with or convicted of a crime unless another facility | ||
described by Subsection (a) is not available and the nearest | ||
medical facility or other facility deemed suitable by the local | ||
mental health authority is located more than 75 miles from the | ||
location where the peace officer has custody of the person. A | ||
person may be detained in a jail or nonmedical facility under this | ||
subsection for not longer than 12 hours. The sheriff or other | ||
officeholder responsible for the facility shall document: | ||
(1) the time the person's detention begins; | ||
(2) the duration of the detention; | ||
(3) the reason for the detention; and | ||
(4) the time a representative of the local mental | ||
health authority arrives at the facility [ |
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(c-1) The sheriff or officeholder responsible for a jail or | ||
a nonmedical facility described by Subsection (c) shall ensure that | ||
a person detained in the jail or facility under Subsection (c) is | ||
kept separate from any person who is charged with or convicted of a | ||
crime. | ||
(d) The county health authority shall ensure that proper | ||
care and medical attention are made available to a person who is | ||
detained in a jail or nonmedical facility under Subsection (c). | ||
SECTION 4. Section 574.045, Health and Safety Code, is | ||
amended by adding Subsection (l) to read as follows: | ||
(l) A patient restrained under Subsection (g) may be | ||
restrained only during the apprehension, detention, or | ||
transportation of the patient. The method of restraint must permit | ||
the patient to sit in an upright position without undue difficulty. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |