| |
| |
|
|
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, 2017. |