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AN ACT
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relating to the detention and examination of certain persons |
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accepted for a preliminary mental health examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.021(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person accepted for a preliminary examination may be |
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detained in custody for not longer than 48 hours after the time the |
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person is presented to the facility unless a written order for |
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protective custody is obtained. The 48-hour period allowed by this |
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section includes any time the patient spends waiting in the |
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facility for medical care before the person receives the |
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preliminary examination. If the 48-hour period ends on a Saturday, |
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Sunday, legal holiday, or before 4 p.m. on the first succeeding |
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business day, the person may be detained until 4 [12] p.m. on the |
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first succeeding business day. If the 48-hour period ends at a |
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different time, the person may be detained only until 4 p.m. on the |
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day the 48-hour period ends. If extremely hazardous weather |
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conditions exist or a disaster occurs, the presiding judge or |
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magistrate may, by written order made each day, extend by an |
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additional 24 hours the period during which the person may be |
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detained. The written order must declare that an emergency exists |
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because of the weather or the occurrence of a disaster. |
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SECTION 2. The change in law made by this Act applies only |
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to the detention and examination of a person admitted for a |
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preliminary examination under Section 573.021, Health and Safety |
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Code, on or after the effective date of this Act. The detention and |
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examination of a person admitted for a preliminary examination |
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before the effective date of this Act is governed by the law in |
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effect when the person was admitted, and the former law is continued |
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in effect for those purposes. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 888 was passed by the House on April |
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24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 888 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |