HB1239 - Relating to preliminary examination periods for mental health protective custody.

  89R4682 RAL-F     By: Guillen H.B. No. 1239       A BILL TO BE ENTITLED   AN ACT   relating to preliminary examination periods for mental health   protective custody.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 573.021(b), Health and Safety Code, is   amended to read as follows:          (b)  A person accepted for a preliminary examination may be   detained in custody for not longer than 120 [ 48 ] hours after the   time the person is presented to the facility unless a written order   for protective custody is obtained.  The 120-hour [ 48-hour ] period   allowed by this section includes any time the patient spends   waiting in the facility for medical care before the person receives   the preliminary examination.  If the 120-hour [ 48-hour ] period ends   on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first   succeeding business day, the person may be detained until 4 p.m. on   the first succeeding business day.  If the 120-hour [ 48-hour ]   period ends at a different time, the person may be detained only   until 4 p.m. on the day the 120-hour [ 48-hour ] period ends.  If   extremely hazardous weather conditions exist or a disaster occurs,   the presiding judge or magistrate may, by written order made each   day, extend by an additional 24 hours the period during which the   person may be detained.  The written order must declare that an   emergency exists because of the weather or the occurrence of a   disaster.          SECTION 2.  The change in law made by this Act to Section   573.021, Health and Safety Code, applies to an emergency detention   that begins on or after the effective date of this Act. An emergency   detention that begins before the effective date of this Act is   governed by the law as it existed immediately before that date, and   that law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.