bill widens grounds for emergency mental health detention

The text as introduced · 3,300 words

89R5562 EAS-D

By: Moody
H.B. No. 5463

A BILL TO BE ENTITLED

AN ACT

relating to emergency detention of certain persons evidencing

mental illness and to court-ordered inpatient and extended mental

health services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 573.001(b), Health and Safety Code, is

amended to read as follows:

(b) A substantial risk of serious harm to the person or

others under Subsection (a)(1)(B) may be demonstrated by:

(1) the person's behavior; or

(2) evidence of severe emotional distress and

deterioration in the person's mental condition , including the

person's inability to recognize symptoms or appreciate the risks

and benefits of treatment, to the extent that the person cannot

remain at liberty.

SECTION 2. The heading to Section 573.002, Health and

Safety Code, is amended to read as follows:

Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF EMERGENCY

DETENTION.

SECTION 3. Section 573.002, Health and Safety Code, is

amended by amending Subsections (a), (b), (c), and (d) and adding

Subsection (f) to read as follows:

(a) A peace officer shall immediately file with a facility a

notification of emergency detention after transporting a person to

that facility in accordance with Section 573.001. Emergency

medical services personnel of an emergency medical services

provider who transport a person to a facility at the request of a

peace officer made in accordance with a memorandum of understanding

executed under Section 573.005 shall immediately file with the

facility the notification of emergency detention completed by the

peace officer who made the request.

(b) The notification of emergency detention must 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 the person 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;

(4) [ (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;

(5) [ (6) ] a detailed description of the specific

behavior, acts, attempts, or threats; and

(6) [ (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

emergency detention described by this section.

(d) The peace officer shall provide the notification of

emergency detention in substantially [ on ] the following form:

Notification--Emergency Detention NO. ____________________

DATE:_______________ TIME:_______________

THE STATE OF TEXAS

FOR THE BEST INTEREST AND PROTECTION OF:

______________________________________

DOB: _____________ RACE: ______________ GENDER: _______________ _____________ RACE: ______________ GENDER: _______________

PHONE NUMBER: ______________ ADDRESS: ________________________ ______________ ADDRESS: ________________________

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 on the person's behavior or

evidence the person is experiencing severe emotional distress and

deterioration to the extent the person cannot remain at liberty;

and [ 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.

1. [ 4. ] My above-stated beliefs are based upon the following

recent behavior , severe emotional distress and deterioration ,

overt acts, attempts, statements, or threats observed by me or

reliably reported to me (may use attachments to report additional

information) :

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

2. [ 5. ] The names, addresses, phone numbers, 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):

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

ADULT 65 YEARS OF AGE OR OLDER? □ YES □ NO If yes, □ YES □ NO If yes,

age: ___________

CHILD 17 YEARS OF AGE OR YOUNGER? □ YES □ NO If yes, □ YES □ NO If yes,

age: ___________

FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):

My belief the child is at risk of imminent serious harm unless

immediately removed from the parents' custody is based on the

above-stated facts showing the parents or guardians are presently

unable to protect the child from imminent serious harm.

I provided notice to the child's parents or guardians of my

intention to file this notification.

I was not able to provide notice to the child's parents or

guardians of my intention to file this notification because:

________________________________________________________________

________________________________________________________________

Parent/Guardian Contact Information: ____________________________

________________________________________________________________

USE OF RESTRAINT

Was the person physically restrained in any way? Yes □ No □

If yes, reason for physical restraint? □ Officer Safety

Person's Safety □ Other ____________________

CALL ORIGINATED AT:

Public Area □ Residence □ School/University

Group Home □ Hospital

Other________________________________________

OBSERVATIONS/HISTORY

If YES to any question below, provide additional information:

YES
NO
UNKNOWN
NOTES

Harm to self

or stating an

intention to

harm self?

Previous

attempt to

commit

suicide?

Harm to

others or

stating an

intention to

harm others?

Previous

serious harm

or injury to

others?

Previous

psychiatric

hospital

treatment?

Reported

mental health

diagnosis?

Prescribed

psychiatric

medications?

Current

psychiatric

medications

taken?

Sleeping

difficulty?

Substance use

disorder?

FIREARMS/WEAPONS

If YES to any question below, provide additional information:

YES
NO
UNKNOWN
NOTES

Possession of

firearm at

time of

contact?

If yes, was

firearm

seized in

accordance

with Article

18.191, Code

of Criminal

Procedure?

TRANSPORTED TO:

Hospital/Emergency Room □ Mental Health Facility

Other _______________________

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.

[ 6. Was the person restrained in any way? Yes □ No □ ]

PEACE OFFICER'S PRINTED NAME: ___________________________________

BADGE NO. _____________________

PEACE OFFICER'S SIGNATURE _______________________________________

Address: _________________________ Zip Code: ____________________

Telephone: ______________________

[ _________________________ ]

SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)

_________________________ PRINTED NAME OF PERSONNEL: _____________

Address: _________________________ Zip Code: ____________________

Telephone: ______________________

A mental health facility or hospital emergency department may

not require a peace officer or emergency medical services personnel

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, Health and Safety Code[ , and transported by the

officer under that section or by emergency medical services

personnel of an emergency medical services provider at the request

of the officer made in accordance with a memorandum of

understanding executed under Section 573.005, Health and Safety

Code ].

(f) A peace officer who transports an apprehended person to

a facility under Section 573.001(d)(1) or emergency medical

services personnel of an emergency medical services provider who

transports a person to a facility under Section 573.001(d)(2):

(1) is not required to remain at the facility while the

apprehended person is medically screened or treated or while the

person's insurance coverage is verified; and

(2) may leave the facility immediately after:

(A) the person is taken into custody by

appropriate facility staff; and

(B) the notification of emergency detention

required by this section is provided to the facility.

SECTION 4. Section 573.003(b), Health and Safety Code, is

amended to read as follows:

(b) A substantial risk of serious harm to the ward or others

under Subsection (a)(2) may be demonstrated by:

(1) the ward's behavior; or

(2) evidence of severe emotional distress and

deterioration in the ward's mental condition , including the ward's

inability to recognize symptoms or appreciate the risks and

benefits of treatment, to the extent that the ward cannot remain at

liberty.

SECTION 5. Section 573.012(c), Health and Safety Code, is

amended to read as follows:

(c) A substantial risk of serious harm to the person or

others under Subsection (b)(2) may be demonstrated by:

(1) the person's behavior; or

(2) evidence of severe emotional distress and

deterioration in the person's mental condition , including the

person's inability to recognize symptoms or appreciate the risks

and benefits of treatment, to the extent that the person cannot

remain at liberty.

SECTION 6. Section 573.022(a), Health and Safety Code, is

amended to read as follows:

(a) A person may be admitted to a facility for emergency

detention only if the physician who conducted the preliminary

examination of the person makes a written statement that:

(1) is acceptable to the facility;

(2) states that after a preliminary examination it is

the physician's opinion that:

(A) the person is a person with mental illness;

(B) the person evidences a substantial risk of

serious harm to the person or to others;

(C) the described risk of harm is imminent unless

the person is immediately restrained; and

(D) emergency detention is the least restrictive

means by which the necessary restraint may be accomplished; and

(3) includes:

(A) a description of the nature of the person's

mental illness;

(B) a specific description of the risk of harm

the person evidences that may be demonstrated either by the

person's behavior or by evidence of severe emotional distress and

deterioration in the person's mental condition , including the

person's inability to recognize symptoms or appreciate the risks

and benefits of treatment, to the extent that the person cannot

remain at liberty; and

(C) the specific detailed information from which

the physician formed the opinion in Subdivision (2).

SECTION 7. Section 574.001(b), Health and Safety Code, is

amended to read as follows:

(b) Except as provided by Subsection (f), the application

must be filed with the county clerk in the county in which the

proposed patient:

(1) resides;

(2) is located at the time the application is filed [ is

found ]; [ or ]

(3) was apprehended under Chapter 573; or

(4) is receiving mental health services by court order

or under Subchapter A, Chapter 573.

SECTION 8. Sections 574.011(a) and (d), Health and Safety

Code, are amended to read as follows:

(a) A certificate of medical examination for mental illness

must be sworn to, dated, and signed by the examining physician. The

certificate must include:

(1) the name and address of the examining physician;

(2) the name and address of the person examined;

(3) the date and place of the examination;

(4) a brief diagnosis of the examined person's

physical and mental condition;

(5) the period, if any, during which the examined

person has been under the care of the examining physician;

(6) an accurate description of the mental health

treatment, if any, given by or administered under the direction of

the examining physician; and

(7) the examining physician's opinion that:

(A) the examined person is a person with mental

illness; and

(B) as a result of that illness the examined

person :

(i) is likely to cause serious harm to the

person or to others ; [ or ]

(ii) is:

(a) [ (i) ] suffering severe and

abnormal mental, emotional, or physical distress;

(b) [ (ii) ] experiencing substantial

mental or physical deterioration of the proposed patient's ability

to function independently, which is exhibited by the proposed

patient's inability, except for reasons of indigence, to provide

for the proposed patient's basic needs, including food, clothing,

health, or safety; and

(c) [ (iii) ] not able to make a

rational and informed decision as to whether to submit to

treatment ; or

(iii) lacks the capacity to recognize the

person is experiencing symptoms of a serious mental illness and is:

(a) unable to make a rational and

informed decision regarding voluntary mental health treatment;

(b) unable to appreciate the risks or

benefits of mental health treatment or understand, use, weigh, or

retain information relevant to making informed treatment

decisions; and

(c) in the absence of mental health

treatment, likely to experience a relapse or deterioration of the

examined person's mental or physical condition that would satisfy

the criteria under Subparagraph (i) or (ii) .

(d) If the certificate is offered in support of a motion for

a protective custody order, the certificate must also include the

examining physician's opinion that the examined person presents a

substantial risk of serious harm to himself or others if not

immediately restrained. The harm may be demonstrated by the

examined person's behavior or by evidence of severe emotional

distress and deterioration in the examined person's mental

condition , including the examined person's inability to recognize

symptoms or appreciate the risks and benefits of treatment, to the

extent that the examined person cannot remain at liberty.

SECTION 9. Section 574.022(b), Health and Safety Code, is

amended to read as follows:

(b) The determination that the proposed patient presents a

substantial risk of serious harm may be demonstrated by the

proposed patient's behavior or by evidence of severe emotional

distress and deterioration in the proposed patient's mental

condition , including the proposed patient's inability to recognize

symptoms or appreciate the risks and benefits of treatment, to the

extent that the proposed patient cannot remain at liberty.

SECTION 10. Sections 574.034(a) and (d), Health and Safety

Code, are amended to read as follows:

(a) The judge may order a proposed patient to receive

court-ordered temporary inpatient mental health services only if

the judge or jury finds, from clear and convincing evidence, that:

(1) the proposed patient is a person with mental

illness; and

(2) as a result of that mental illness the proposed

patient:

(A) is likely to cause serious harm to the

proposed patient;

(B) is likely to cause serious harm to others;

[ or ]

(C) is:

(i) suffering severe and abnormal mental,

emotional, or physical distress;

(ii) experiencing substantial mental or

physical deterioration of the proposed patient's ability to

function independently, which is exhibited by the proposed

patient's inability, except for reasons of indigence, to provide

for the proposed patient's basic needs, including food, clothing,

health, or safety; and

(iii) unable to make a rational and

informed decision as to whether or not to submit to treatment ; or

(D) lacks the capacity to recognize the proposed

patient is experiencing symptoms of a serious mental illness and

is:

(i) unable to make a rational and informed

decision regarding voluntary inpatient mental health treatment;

(ii) unable to appreciate the risks or

benefits of mental health treatment or understand, use, weigh, or

retain information relevant to making informed treatment

decisions; and

(iii) in the absence of court-ordered

temporary inpatient mental health services, likely to experience a

relapse or deterioration of the proposed patient's mental or

physical condition that would satisfy the criteria under Paragraph

(A), (B), or (C) .

(d) To be clear and convincing under Subsection (a), the

evidence must include expert testimony and, unless waived, evidence

of a recent overt act or a continuing pattern of behavior that tends

to confirm:

(1) the likelihood of serious harm to the proposed

patient or others; [ or ]

(2) the proposed patient's distress and the

deterioration of the proposed patient's ability to function ; or

(3) the proposed patient's lack of capacity or

inability to make or understand treatment decisions that will

likely result in the deterioration of the proposed patient's mental

or physical condition .

SECTION 11. Sections 574.035(a) and (e), Health and Safety

Code, are amended to read as follows:

(a) The judge may order a proposed patient to receive

court-ordered extended inpatient mental health services only if the

jury, or the judge if the right to a jury is waived, finds, from

clear and convincing evidence, that:

(1) the proposed patient is a person with mental

illness;

(2) as a result of that mental illness the proposed

patient:

(A) is likely to cause serious harm to the

proposed patient;

(B) is likely to cause serious harm to others;

[ or ]

(C) is:

(i) suffering severe and abnormal mental,

emotional, or physical distress;

(ii) experiencing substantial mental or

physical deterioration of the proposed patient's ability to

function independently, which is exhibited by the proposed

patient's inability, except for reasons of indigence, to provide

for the proposed patient's basic needs, including food, clothing,

health, or safety; and

(iii) unable to make a rational and

informed decision as to whether or not to submit to treatment; or

(D) lacks the capacity to recognize the proposed

patient is experiencing symptoms of a serious mental illness and

is:

(i) unable to make a rational and informed

decision regarding voluntary inpatient mental health treatment;

(ii) unable to appreciate the risks or

benefits of mental health treatment or understand, use, weigh, or

retain information relevant to making informed treatment

decisions; and

(iii) in the absence of court-ordered

extended inpatient mental health services, likely to experience a

relapse or deterioration of the proposed patient's mental or

physical condition that would satisfy the criteria under Paragraph

(A), (B), or (C);

(3) the proposed patient's condition is expected to

continue for more than 90 days; and

(4) the proposed patient has received court-ordered

inpatient mental health services under this subtitle or under

Chapter 46B, Code of Criminal Procedure, for at least 60

consecutive days during the preceding 12 months.

(e) To be clear and convincing under Subsection (a), the

evidence must include expert testimony and evidence of a recent

overt act or a continuing pattern of behavior that tends to confirm:

(1) the likelihood of serious harm to the proposed

patient or others; [ or ]

(2) the proposed patient's distress and the

deterioration of the proposed patient's ability to function ; or

(3) the proposed patient's lack of capacity or

inability to make or understand treatment decisions that will

likely result in the deterioration of the proposed patient's mental

or physical condition .

SECTION 12. Section 574.064(a-1), Health and Safety Code,

is amended to read as follows:

(a-1) A physician shall evaluate the patient as soon as

possible within 24 hours after the time detention begins to

determine whether the patient, due to mental illness, presents a

substantial risk of serious harm to the patient or others so that

the patient cannot be at liberty pending the probable cause hearing

under Subsection (b). The determination that the patient presents

a substantial risk of serious harm to the patient or others may be

demonstrated by:

(1) the patient's behavior; or

(2) evidence of severe emotional distress and

deterioration in the patient's mental condition , including the

patient's inability to recognize symptoms or appreciate the risks

and benefits of treatment, to the extent that the patient cannot

live safely in the community.

SECTION 13. Chapter 573, Health and Safety Code, as amended

by this Act, applies only to an emergency detention that begins on

or after the effective date of this Act. An emergency detention

that begins before the effective date of this Act is governed by the

law as it existed immediately before the effective date of this Act,

and that law is continued in effect for that purpose.

SECTION 14. Chapter 574, Health and Safety Code, as amended

by this Act, applies only to an application or proceeding for

court-ordered mental health services submitted or that occurs on or

after the effective date of this Act, regardless of when an offense

with which the defendant is charged was committed.

SECTION 15. This Act takes effect September 1, 2025.