Senate Bill No. 1164 amends the Health and Safety Code to enhance the emergency detention procedures for individuals exhibiting signs of mental illness. The bill allows peace officers to detain individuals without a warrant if they believe the person poses a substantial risk of serious harm to themselves or others. It expands the criteria for detention to include severe emotional distress, deterioration in mental condition, and an inability to recognize symptoms or appreciate treatment risks. Additionally, the bill requires peace officers to file a notification of emergency detention with the facility, detailing the individual's mental state and the officer's observations, while replacing certain existing provisions regarding immediate restraint.

Furthermore, the bill modifies the application process for court-ordered mental health services, requiring physicians to provide a written statement after a preliminary examination that outlines the individual's mental illness and associated risks. It emphasizes the necessity of clear and convincing evidence, including expert testimony, to support claims of serious harm or inability to make informed decisions about treatment. Several sections of the Health and Safety Code are repealed, and the new provisions will only apply to detentions and applications occurring after the effective date of the Act, set for September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.022, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 574, Health and Safety Code 573)
Senate Committee Report: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 574, Health and Safety Code 573)
Engrossed: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 574, Health and Safety Code 573)