TITLE: Relating to the transportation of a person believed to be a person with mental illness.

SUMMARY: Relating to the transportation of a person believed to be a person with mental illness.

FULL TEXT:
AN ACT relating to the transportation of a person believed to be a person with mental illness. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 573.001, Health and Safety Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows: (d) A peace officer who takes a person into custody under Subsection (a) shall immediately:(1) transport the apprehended person to: (A) [(1)] the nearest appropriate inpatient mental health facility; or (B) [(2)] a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available;or (2) transfer the apprehended person to a person listed in Section 574.045(a), who shall immediately transport the apprehended person to a facility described by Subdivision (1)(A) or (B).(d-1) If a peace officer requests under Subsection (d)(2) that another person transport the apprehended person, the peace officer shall provide to the transporting person a completed notification of detention about the apprehended person on a form provided by Section 573.002(d). SECTION 2. Sections 573.002(a), (d), and (e), Health and Safety Code, are amended to read as follows: (a) A peace officer shall immediately file with a facility a notification of detention after transporting a person to that facility in accordance with Section 573.001. A person who transports a person to a facility at the request of a peace officer under Section 573.001(d)(2) shall immediately file with the facility the notification of detention completed by the peace officer who made the request. (d) The peace officer shall provide [give] the notification of detention on the following form: Notification--Emergency Detention NO. DATE: TIME: 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 provide [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. 6. Was the person restrained in any way? Yes   No   BADGE NO. PEACE OFFICER'S SIGNATURE Address: Zip Code: Telephone: A mental health facility or hospital emergency department may not require a peace officer or another person who transports the person to the facility or department to execute any form other than this form as a predicate to accepting for temporary admission a person detained by a peace officer under Section 573.001, Texas Health and Safety Code,and transported by the officer or another person under that section.(e) A mental health facility or hospital emergency department may not require a peace officer or another person who transports the person to the facility or department to execute any form other than the form provided by Subsection (d) as a predicate to accepting for temporary admission a person detained by a peace officer under Section 573.001 and transported by the officer or another person under that section.SECTION 3. Section 573.012, Health and Safety Code, is amended by amending Subsection (e) and adding Subsection (e-1) to read as follows: (e) A person apprehended under this section shall be:(1) immediately transported for a preliminary examination by the peace officer in accordance with Section 573.021 to: (A) [(1)] the nearest appropriate inpatient mental health facility; or (B) [(2)] a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available;or (2) transferred to a person listed in Section 574.045(a), who shall immediately transport the apprehended person for a preliminary examination in accordance with Section 573.021 to a facility described by Subdivision (1)(A) or (B).(e-1) If a peace officer requests under Subsection (e)(2) that another person transport the apprehended person, the peace officer shall provide to the transporting person the warrant issued to the peace officer under Subsection (d). SECTION 4. 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 or other person files a notification of detention completed by the peace officer under Section 573.002(a). SECTION 5. This Act takes effect September 1, 2017.