Relating to the peace officer’s notification of emergency detention form for persons evidencing mental illness and retention of that form.
relating to the peace officer’s notification of emergency detention
form for persons evidencing mental illness and retention of that
form.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 573.002, Health and
Safety Code, is amended to read as follows:
Sec. 573.002. PEACE OFFICER’S NOTIFICATION OF EMERGENCY
DETENTION.
SECTION 2. Section 573.002, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsection (d-1) to read as follows:
(a) A peace officer shall immediately file with a facility a
notification of emergency detention after transporting a person to
that facility in accordance with Section 573.001. Emergency
medical services personnel of an emergency medical services
provider who transport a person to a facility at the request of a
peace officer made in accordance with a memorandum of understanding
executed under Section 573.005 shall immediately file with the
facility the notification of emergency detention completed by the
peace officer who made the request.
(b) The notification of emergency detention must contain:
(1) a statement that the officer has reason to believe
and does believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe
and does believe that the person evidences a substantial risk of
serious harm to the person or others;
(3) [a specific description of the risk of harm;
[(4)] a statement that the officer has reason to
believe and does believe that the risk of harm is imminent unless
the person is immediately restrained;
(4) [(5)] a statement that the officer’s beliefs are
derived from specific recent behavior, overt acts, attempts, or
threats that were observed by or reliably reported to the officer;
(5) [(6)] a detailed description of the specific
behavior, acts, attempts, or threats; and
(6) [(7)] the name and relationship to the apprehended
person of any person who reported or observed the behavior, acts,
attempts, or threats.
(c) The facility where the person is detained shall include
in the detained person’s clinical file the notification of
emergency detention described by this section.
(d) The peace officer shall provide the notification of
emergency detention in substantially [on] the following form, to
the best of the officer’s ability:
Notification–Emergency Detention AGENCY CASE NO. ____________
DATE:_______________ TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
DOB:_____________ RACE:______________ GENDER:_______________ _____________ RACE:______________ GENDER:_______________
PHONE NUMBER:______________ ADDRESS:______________________________________ ADDRESS:________________________
NOTIFICATION OF EMERGENCY DETENTION
Now comes _____________________________, a peace officer with
(name of agency) _____________________________, of the State of
Texas, and states as follows:
[1.] I have reason to believe and do believe that (name of
person to be detained) __________________________ evidences mental
illness;[.]
[2.] I have reason to believe and do believe that the
above-named person evidences a substantial risk of serious harm to
himself/herself or others based on the person’s behavior or
evidence the person is experiencing severe emotional distress and
deterioration to the extent the person cannot remain at liberty;
and [upon the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
]
[3.] I have reason to believe and do believe that the [above]
risk of harm is imminent unless the above-named person is
immediately detained [restrained].
1. [4.] My above-stated beliefs are based upon the following
recent behavior, severe emotional distress and deterioration,
overt acts, attempts, statements, or threats observed by me or
reliably reported to me (may use attachments to report additional
information):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
2. [5.] The names, addresses, phone numbers, and relationship to
the above-named person of those persons who reported or observed
recent behavior, acts, attempts, statements, or threats of the
above-named person or relevant witnesses who witnessed the
above-named person being detained are (if applicable):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
ADULT 65 YEARS OF AGE OR OLDER? □ YES □ NO If yes, □ YES □ NO If yes,
age: ___________
CHILD 17 YEARS OF AGE OR YOUNGER? □ YES □ NO If yes, □ YES □ NO If yes,
age: ___________
FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):
PARENT OR GUARDIAN NAME:PARENT OR GUARDIAN PHONE NUMBER:PARENT OR GUARDIAN PHONE NUMBER:
I provided notice to the child’s parents or guardians of my
intention to file this notification.
I was not able to provide notice to the child’s parents or
guardians of my intention to file this notification because:
________________________________________________________________
________________________________________________________________
Parent/Guardian Contact Information: ____________________________
________________________________________________________________
USE OF RESTRAINT
Was the person physically restrained in any way? Yes □ No □
If yes, reason for physical restraint? □ Officer Safety
Person’s Safety □ Other ____________________
CALL ORIGINATED AT:
Public Area □ Residence □ School/University
Group Home □ Hospital
Other________________________________________
OBSERVATIONS/HISTORY
If YES to any question below, provide additional information:
| YES | NO | UNKNOWN | NOTES |
| Harm to self |
| or stating an |
| intention to |
| harm self? |
| Previous |
| suicide |
| attempt? |
| Harm to |
| others or |
| stating an |
| intention to |
| harm others? |
| Previous |
| serious harm |
| or injury to |
| others? |
| Previous |
| psychiatric |
| hospital |
| treatment? |
| Reported |
| mental health |
| diagnosis? |
| Prescribed |
| psychiatric |
| medications? |
| Current |
| psychiatric |
| medications |
| taken? |
| Sleeping |
| difficulty? |
| Substance use |
| disorder? |
FIREARMS/WEAPONS
If YES to any question below, provide additional information:
| YES | NO | UNKNOWN | NOTES |
| Possession of |
| firearm at |
| time of |
| contact? |
| If yes, was |
| firearm |
| seized in |
| accordance |
| with Article |
| 18.191, Code |
| of Criminal |
| Procedure? |
TRANSPORTED TO:
Hospital/Emergency Room □ Mental Health Facility
Other _______________________
For the above reasons, I present this notification to seek
temporary admission to the (name of facility)
_________________________ inpatient mental health facility or
hospital facility for the detention of (name of person to be
detained) __________________________ on an emergency basis.
[6. Was the person restrained in any way? Yes □ No □]
PEACE OFFICER’S PRINTED NAME:
BADGE NO. ____________________ EMPLOYING AGENCY:
PEACE OFFICER’S SIGNATURE
Work Address: Zip Code: ____________
Work Telephone: ______________________
_________________________
SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
Work Address: Zip Code: ____________
Work Telephone: ______________________
A mental health facility or hospital emergency department may
not require a peace officer or emergency medical services personnel
to execute any form other than this form as a predicate to accepting
for temporary admission a person detained by a peace officer under
Section 573.001, Health and Safety Code, and transported by the
officer under that section or by emergency medical services
personnel of an emergency medical services provider at the request
of the officer made in accordance with a memorandum of
understanding executed under Section 573.005, Health and Safety
Code. A mental health facility, in accordance with Section
573.021, Health and Safety Code, shall temporarily accept a person
for whom an application for emergency detention is filed under
Section 573.011, Health and Safety Code, or for whom this
notification of emergency detention form is filed.
(d-1) A mental health facility or hospital emergency
department shall, on request, provide to a peace officer who
executes a notification of emergency detention under Subsection (d)
a copy of the form for the records of the officer’s employing law
enforcement agency. The agency must retain a copy of the form.
SECTION 3. The changes in law made by this Act apply only 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 the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.
