H.B. No. 5463 amends the Health and Safety Code to improve the emergency detention procedures for individuals showing signs of mental illness. The bill introduces new criteria for assessing a substantial risk of serious harm, which now includes a person's inability to recognize their symptoms or understand the risks and benefits of treatment. It also requires peace officers to file a notification of emergency detention when transporting an individual to a facility, detailing their observations and the behavior of the individual, as well as the relationship of any observers who reported concerning behavior. These changes aim to enhance the clarity and accountability of the emergency detention process.

Additionally, the bill updates the responsibilities of peace officers and emergency medical services personnel during the detention process, allowing them to leave the facility after the individual is taken into custody and the notification is filed. It also mandates that physicians conducting preliminary examinations provide a comprehensive assessment of the individual's mental health and associated risks. The amendments further refine the criteria for court-ordered mental health services, emphasizing the individual's ability to recognize their mental illness and make informed treatment decisions. The changes will take effect on September 1, 2025, and will apply 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)