Texas 2023 - 88th Regular

Texas House Bill HB5210

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and professionals to temporarily detain a person with mental illness.

Impact

The bill, if enacted, will significantly alter how mental health emergencies are handled within the state. It provides a clearer framework for emergency detention procedures, thereby seeking to streamline the process and reduce delays in treatment for individuals experiencing severe mental health issues. This legislative effort is aimed at ensuring that those who may pose a substantial risk of harm can be quickly apprehended and assessed in a safe environment, potentially minimizing risks both for the individual and the community at large.

Summary

House Bill 5210 aims to amend the Health and Safety Code to expand the authority of peace officers and mental health professionals in the emergency detention of individuals with mental illness. Key provisions include allowing a peace officer to apprehand an individual under emergency circumstances and enabling non-physician mental health professionals to file for emergency detention applications without the presence of law enforcement. This bill is positioned to facilitate a more immediate response in situations where individuals may pose a risk to themselves or others due to mental health crises.

Sentiment

There are mixed sentiments regarding HB 5210. Supporters, including mental health advocates and law enforcement agencies, argue that the bill is essential for improving public safety and providing necessary interventions for individuals in acute mental health crises. Conversely, some critics view the legislation with caution, expressing concern over the potential for misuse or overreach by authorities in detaining individuals, emphasizing the need for safeguards to protect the rights of those with mental illness.

Contention

The main points of contention surrounding HB 5210 revolve around the balance between public safety and individual rights. While supporters highlight the urgent need to address dangerous situations involving individuals with mental health issues, opponents are wary of granting extensive authority to peace officers without sufficient oversight. There is skepticism about ensuring that detention processes remain respectful and protective of individuals' rights, along with fears of increased involuntary detentions that could arise as a consequence of the expanded powers conferred by this bill.

Companion Bills

TX SB2287

Identical Relating to the authority of a peace officer to apprehend a person for emergency detention and the authority of certain facilities and physicians to temporarily detain a person with mental illness.

Previously Filed As

TX HB1538

Relating to the authority of a peace officer to apprehend a person for emergency detention and of certain facilities and physicians to temporarily detain a person with mental illness.

TX HB1583

Relating to the peace officer's notification of emergency detention form for persons evidencing mental illness and retention of that form.

TX HB1656

Relating to emergency detention by a paramedic of certain persons with mental illness for preliminary examination at a mental health facility.

TX SB2706

Relating to emergency detention by a paramedic of certain persons with mental illness for preliminary examination at a mental health facility.

TX HB1956

Relating to the seizure of firearms by a peace officer during the emergency detention of certain persons who may have a mental illness.

TX HB2069

Relating to a parent's right to intervene in the apprehension by a peace officer of a child for an emergency detention and certain requirements and restrictions applicable to an emergency detention.

TX SB1164

Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.

TX HB5463

Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.

TX HB2405

Relating to the emergency detention of a person with mental illness at a mental health facility and certain best practices for courts with jurisdiction over emergency mental health matters.

TX HB3715

Relating to persons with mental illness; declaring an emergency.

Similar Bills

No similar bills found.