HB 4610 Shaheen HB4610 as introduced. Relating to the emergency detention of certain persons with a mental illness or cognitive disability.
LBB Fiscal Note Summary. No significant fiscal implication to the State is anticipated.
Bill Summary and Analysis. The bill would amend the Health and Safety Code to require a peace officer to immediately transfer custody of a person with an apparent mental illness to an inpatient mental health facility upon taking them into custody if the person poses a risk of serious harm to the person or others. The bill would also require a magistrate to immediately notify law enforcement upon issuance of a warrant to apprehend a person who has a mental illness and poses a risk of serious harm to the person or others and limits the amount a court may charge for filing an application for emergency detention or issuing a warrant to $25.
Based on the analysis of the Office of Court Administration and the Texas Commission on Law Enforcement, duties and responsibilities associated with implementing the provisions of the bill could be accomplished using existing resources.
The bill would take effect immediately if it receives a vote of two-thirds of all the members elected to each house, or September 1, 2019.
Representative Shaheen explained the bill. The bill provides guidelines for transporting individuals with a cognitive disability and facilitates their transport. The committee substitute makes the following changes:
- Adds a reference to cognitive disability; and
- Requires a peace officer to make a good faith effort to use the least restrictive alternatives.
TESTIMONY.
Sergeant Aubrey Paul, Plano Police Department testified in support of the bill. It allows people with disabilities to be taken to a doctor’s office by law enforcement during a crisis. Too often, the available options are to arrest that person or leave them at-large. Additionally, the bill puts a limit on the fees charged by the court for securing a mental health warrant.
Steve Wohleb, Texas Hospital Association testified on the bill. He stated that he was present primarily as a resource witness to answer any questions about transport. They are supportive of finding additional resources to benefit this population. However, they are concerned about the possibility that persons with cognitive disabilities but no other medical or mental health issues would be transported to facilities where, once it’s confirmed that there’s no medical/psychiatric illness that needs to be addressed, we will have nothing to offer the individual at that point. They are also concerned about the lack of resources.
Representative Sheffield asked what happens if they arrive at an ER and there is no bed available. Sergeant Paul stated that has been a problem in the past, but they have worked around it in Collin county with the local LMHA. The Rep. asked if the officer is required to remain in the hospital. Sergeant Aubrey replied that police officers are tasked with keeping the peace in the state. If the patient is not aggressive, the officer can leave the patient at the hospital. The charge nurse determines of the officer can leave.
Representative Shaheen closed on the bill.
The bill was left pending.
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