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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting regarding, the apprehension and |
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transportation of, and records relating to certain persons who are |
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or may be persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 611.004, Health and Safety Code, is |
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amended by adding Subsections (e) and (f) to read as follows: |
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(e) A professional shall report to law enforcement |
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personnel and disclose confidential information relating to a |
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patient if the professional has reason to believe and does believe |
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that the patient or another person is mentally ill and intends to: |
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(1) attempt suicide by acting in a manner that |
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provokes a lethal response by a police officer; |
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(2) cause serious bodily injury to a government |
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official; or |
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(3) cause serious bodily injury to another individual. |
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(f) A professional who in good faith discloses confidential |
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information in accordance with Subsection (e) is immune from civil |
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or criminal liability for that disclosure. |
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SECTION 2. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.0015 to read as follows: |
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Sec. 573.0015. APPREHENSION BY PEACE OFFICER WITHOUT |
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WARRANT ON CERTAIN REPORT BY MENTAL HEALTH PROFESSIONAL. A peace |
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officer, without a warrant, may take a person into custody in the |
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manner provided in Section 573.001 if the officer receives from a |
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mental health professional a report in accordance with Section |
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611.004(e) of the professional's belief that the person is mentally |
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ill and intends to attempt an action described by that subsection. |
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SECTION 3. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 5A to read as follows: |
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CHAPTER 5A. PREVENTION OF SUICIDE AND PHYSICAL VIOLENCE BY |
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MENTALLY ILL PERSONS |
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Art. 5A.01. REPORT OF APPREHENSION OF CERTAIN PERSONS |
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BELIEVED TO BE MENTALLY ILL AND DANGEROUS REQUIRED. (a) A peace |
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officer who takes a person into custody in accordance with Section |
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573.0015, Health and Safety Code, shall make a written report that |
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includes: |
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(1) the name of the person taken into custody; |
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(2) the name of the mental health professional who |
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reported to law enforcement personnel in accordance with Section |
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611.004(e), Health and Safety Code, the professional's belief that |
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the person is mentally ill and intends to attempt an action |
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described by that subsection; |
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(3) a description of the action the professional |
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believes the person intended to take; and |
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(4) the name of the government official or other |
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individual to whom the person intended to cause serious bodily |
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injury, if applicable. |
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(b) A peace officer shall provide a copy of the report |
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described by Subsection (a) to the bureau of identification and |
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records of the Department of Public Safety of the State of Texas for |
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the bureau's recordkeeping function under Section 411.042, |
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Government Code. |
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Art. 5A.02. CERTAIN RECORDKEEPING REQUIRED. (a) Each local |
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law enforcement agency shall establish a departmental code for |
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identifying and retrieving reports received under Article 5A.01. |
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(b) In order to ensure that an officer investigating an |
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incident or responding to a disturbance call that involves or may |
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involve a person who is mentally ill is aware of the existence of a |
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report made under Article 5A.01(a), each local law enforcement |
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agency shall establish procedures within the agency to provide to |
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officers adequate information or access to information concerning |
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the identity of a person identified in a report as a person who has |
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been taken into custody because of a report by a mental health |
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professional under Section 611.004(e), Health and Safety Code, and |
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the action the professional believes the person intended to take. |
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(c) The district or county attorney exercising authority in |
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the county in which the law enforcement agency has jurisdiction is |
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entitled to access the records created under this chapter. |
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SECTION 4. Section 411.042(b), Government Code, is amended |
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to read as follows: |
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(b) The bureau of identification and records shall: |
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(1) procure and file for record photographs, pictures, |
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descriptions, fingerprints, measurements, and other pertinent |
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information of all persons arrested for or charged with a criminal |
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offense or convicted of a criminal offense, regardless of whether |
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the conviction is probated; |
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(2) collect information concerning the number and |
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nature of offenses reported or known to have been committed in the |
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state and the legal steps taken in connection with the offenses, and |
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other information useful in the study of crime and the |
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administration of justice, including information that enables the |
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bureau to create a statistical breakdown of offenses in which |
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family violence was involved and a statistical breakdown of |
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offenses under Sections 22.011 and 22.021, Penal Code; |
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(3) make ballistic tests of bullets and firearms and |
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chemical analyses of bloodstains, cloth, materials, and other |
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substances for law enforcement officers of the state; |
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(4) cooperate with identification and crime records |
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bureaus in other states and the United States Department of |
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Justice; |
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(5) maintain a list of all previous background checks |
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for applicants for any position regulated under Chapter 1702, |
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Occupations Code, who have undergone a criminal history background |
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check under Section 411.119, if the check indicates a Class B |
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misdemeanor or equivalent offense or a greater offense; |
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(6) collect information concerning the number and |
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nature of protective orders and all other pertinent information |
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about all persons on active protective orders. Information in the |
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law enforcement information system relating to an active protective |
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order shall include: |
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(A) the name, sex, race, date of birth, personal |
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descriptors, address, and county of residence of the person to whom |
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the order is directed; |
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(B) any known identifying number of the person to |
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whom the order is directed, including the person's social security |
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number or driver's license number; |
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(C) the name and county of residence of the |
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person protected by the order; |
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(D) the residence address and place of employment |
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or business of the person protected by the order, unless that |
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information is excluded from the order under Section 85.007, Family |
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Code; |
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(E) the child-care facility or school where a |
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child protected by the order normally resides or which the child |
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normally attends, unless that information is excluded from the |
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order under Section 85.007, Family Code; |
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(F) the relationship or former relationship |
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between the person who is protected by the order and the person to |
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whom the order is directed; and |
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(G) the date the order expires; |
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(7) grant access to criminal history record |
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information in the manner authorized under Subchapter F; |
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(8) collect and disseminate information regarding |
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offenders with mental impairments in compliance with Chapter 614, |
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Health and Safety Code; [and] |
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(9) record data and maintain a state database for a |
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computerized criminal history record system and computerized |
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juvenile justice information system that serves: |
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(A) as the record creation point for criminal |
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history record information and juvenile justice information |
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maintained by the state; and |
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(B) as the control terminal for the entry of |
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records, in accordance with federal law and regulations, federal |
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executive orders, and federal policy, into the federal database |
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maintained by the Federal Bureau of Investigation; |
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(10) procure and file for record fingerprints and |
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other pertinent information of each person: |
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(A) ordered by a court to receive inpatient |
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mental health services under Chapter 574, Health and Safety Code; |
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or |
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(B) acquitted in a criminal case by reason of |
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insanity or lack of mental responsibility, regardless of whether |
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the person is ordered by a court to receive inpatient treatment or |
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residential care under Chapter 46C, Code of Criminal Procedure; and |
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(11) collect and disseminate information regarding |
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the apprehension of certain persons because of a report by a mental |
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health professional under Section 611.004(e), Health and Safety |
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Code. |
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SECTION 5. Section 574.045(e), Health and Safety Code, is |
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repealed. |
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SECTION 6. Section 611.004(f), Health and Safety Code, as |
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added by this Act, applies only to a disclosure of confidential |
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information made on or after the effective date of this Act. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the Department of Public Safety of the State of Texas |
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shall procure and file the fingerprints and information required by |
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Section 411.042(b)(10), Government Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2011. |