Yes, but that's been the law for Texas forever. In dealing with the firearms, previously the LEO could seize them as well. What was added was a linkage from the court back to LE on the disposition of the mental health matter.suthdj wrote:Ya from what i read in that article that is worse, as it is up to LEO judgment call, sorry I don't trust any individual that much.Archery1 wrote:Texas has had similar written into its Mental Health Code as far back as 2013. Mental health dockets do not work the same as civil or criminal - Due Process according to an individual's rights takes a completely different process towards that end but does not start out on that end.
Rick Perry signed this in back in 9/13: http://www.texastribune.org/2013/05/21/ ... al-crisis/
Texas Health & Safety Code 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 transport the apprehended person to:
(1) the nearest appropriate inpatient mental health facility; or
(2) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available.
(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.
This is all outside of having a family member seeking a court ordered warrant, which can be done, and which would be the normal channel - would probably be the only way a LEO would get involved unless he was involved in a direct emergency. The California law is a little different in that the standard seems to have been lowered. IOW, a warrant or restraining order could be obtained off someone's ranting. I would agree that it is ripe for abuse, but so are the similar laws that have been on the books for many decades.