I can understand why you wanted to leave out the statutory language ...
.. it hurts for you to see the truth of just how ignorant and DUMB you are!
Your mother really did you a disservice my constantly pacifying you with false praise .... it set you up for failure in your latter life. Normally I would pity you, but that merely contributes to your mother's misgivings and missteps!
Here .. I'll post it again ... I know it's salt to the wound, but salt has healing qualities that thwart infection .....
http://www.statutes.legis.state.tx.u...htm/HS.573.htm
Quote:
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY
SUBTITLE C. TEXAS MENTAL HEALTH CODE
CHAPTER 573. EMERGENCY DETENTION
SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR EMERGENCY DETENTION BY GUARDIAN
Sec. 573.0001. DEFINITIONS. In this chapter:
(1) "Emergency medical services personnel" and "emergency medical services provider" have the meanings assigned by Section 773.003.
(2) "Law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 1, eff. June 9, 2017.
Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. (a) A peace officer, without a warrant, may take a person into custody if the officer:
(1) has reason to believe and does believe that:
(A) the person is a person with mental illness; and
(B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and
(2) believes that there is not sufficient time to obtain a warrant before taking the person into custody.
(b) A substantial risk of serious harm to the person or others under Subsection (a)(1)(B) may be demonstrated by:
(1) the person's behavior; or
(2) evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty.
(c) The peace officer may form the belief that the person meets the criteria for apprehension:
(1) from a representation of a credible person; or
(2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found.
(d) A peace officer who takes a person into custody under Subsection (a) shall immediately:
(1) transport the apprehended person to:
(A) the nearest appropriate inpatient mental health facility; or
(B) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available; or
(2) transfer the apprehended person to emergency medical services personnel of an emergency medical services provider in accordance with a memorandum of understanding executed under Section 573.005 for transport to a facility described by Subdivision (1)(A) or (B).
(e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency.
(f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime.
(g) A peace officer who takes a person into custody under Subsection (a) shall immediately inform the person orally in simple, nontechnical terms:
(1) of the reason for the detention; and
(2) that a staff member of the facility will inform the person of the person's rights within 24 hours after the time the person is admitted to a facility, as provided by Section 573.025(b).
(h) A peace officer who takes a person into custody under Subsection (a) may immediately seize any firearm found in possession of the person. After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure.
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