S.B. No. 1164 amends the Health and Safety Code to improve the emergency detention procedures for individuals showing 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 due to mental illness. The criteria for assessing this risk have been broadened to include severe emotional distress, deterioration in mental condition, and an inability to recognize symptoms or appreciate treatment risks. Additionally, peace officers are required to file a notification of emergency detention immediately after transporting a person to a facility, detailing the reasons for the detention and the observed behaviors that led to the decision.

The bill also clarifies the responsibilities of peace officers and emergency medical services personnel during the detention process, stating that they are not required to remain at the facility while the detained individual is being screened or treated. It modifies existing language to ensure consistency in definitions and criteria for mental health assessments, emphasizing timely intervention for individuals in crisis. Key changes include the requirement for a physician's written statement confirming that a person presents a substantial risk of harm or severe emotional distress, and that emergency detention must be the least restrictive means of restraint. The bill mandates a comprehensive evaluation of patients within 24 hours of detention and repeals outdated sections of the Health and Safety Code, with the new provisions taking effect on September 1, 2025.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 573, Health and Safety Code 574)
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 573, Health and Safety Code 574)
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 573, Health and Safety Code 574)
House 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 573, Health and Safety Code 574)
Enrolled: 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 573, Health and Safety Code 574)