H.B. No. 5463 amends various sections of the Health and Safety Code to improve the emergency detention procedures for individuals showing signs of mental illness. The bill introduces new language that clarifies how a substantial risk of serious harm can be established through a person's behavior or severe emotional distress, particularly highlighting their inability to recognize symptoms or understand treatment options. Additionally, it modifies the notification process for peace officers, mandating that they file an "emergency detention" notification immediately after transporting an individual to a facility, detailing the required contents of this notification.
The bill also outlines the responsibilities of peace officers and emergency medical services personnel during the detention process, allowing them to leave the facility after custody is established and notification is made. Furthermore, it updates the requirements for physicians conducting preliminary examinations, necessitating a detailed written statement regarding the individual's mental health condition and imminent risk of harm. Overall, these amendments aim to streamline the emergency detention process while ensuring the safety and rights of individuals in mental health crises, with the changes set to take effect on September 1, 2025, and applicable only to cases initiated thereafter.
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)