Bill Text: TX SB2269 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to preliminary examination periods for mental health protective custody.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Health & Human Services [SB2269 Detail]

Download: Texas-2019-SB2269-Introduced.html
  86R8392 EAS-F
 
  By: Miles S.B. No. 2269
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to preliminary examination periods for mental health
  protective custody.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 573.021(b), Health and Safety Code, is
  amended to read as follows:
         (b)  A person accepted for a preliminary examination may be
  detained in custody for not longer than 72 [48] hours after the time
  the person is presented to the facility unless a written order for
  protective custody is obtained.  The 72-hour [48-hour] period
  allowed by this section includes any time the patient spends
  waiting in the facility for medical care before the person receives
  the preliminary examination.  If the 72-hour [48-hour] period ends
  on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first
  succeeding business day, the person may be detained until 4 p.m. on
  the first succeeding business day. If the 72-hour [48-hour] period
  ends at a different time, the person may be detained only until 4
  p.m. on the day the 72-hour [48-hour] period ends.  If extremely
  hazardous weather conditions exist or a disaster occurs, the
  presiding judge or magistrate may, by written order made each day,
  extend by an additional 24 hours the period during which the person
  may be detained.  The written order must declare that an emergency
  exists because of the weather or the occurrence of a disaster.
         SECTION 2.  The change in law made by this Act to Section
  573.021, Health and Safety Code, applies 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 that date, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
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