S.B. No. 1164 seeks to amend the Health and Safety Code regarding the emergency detention of individuals with mental illness. The bill introduces new language that highlights the importance of recognizing a person's inability to understand the risks and benefits of treatment, which may indicate a significant risk of harm to themselves or others. It also modifies the notification process for peace officers, requiring them to file an "emergency detention" notification immediately after transporting an individual to a facility, detailing the person's mental state and behaviors that led to the detention. Furthermore, the bill clarifies that peace officers and emergency medical services personnel are not required to remain at the facility during the individual's medical screening or treatment.

In addition, the bill establishes new requirements for medical examination certificates, mandating that they include a physician's opinion on the likelihood of the individual causing serious harm or lacking the capacity to recognize their mental illness. It sets specific criteria for assessing a person's mental state, including their ability to appreciate treatment risks and benefits. The bill also clarifies the conditions under which a judge may order temporary or extended inpatient mental health services, requiring clear evidence of mental illness and potential harm. Evaluations must be conducted within 24 hours of detention, and the amendments will take effect on September 1, 2025, applying only to cases initiated after that date.

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 573, Health and Safety Code 574)