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A BILL TO BE ENTITLED
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AN ACT
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relating to the seizure of firearms during the emergency detention |
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of certain persons who may have a mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) A peace officer who takes a person into custody under |
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Subsection (a) may immediately seize any firearm found in |
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possession of the person or found in plain sight and readily |
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accessible to the person. After seizing a firearm under this |
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subsection, the peace officer shall comply with the requirements of |
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Article 18.191, Code of Criminal Procedure. |
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SECTION 2. The change in law made by this Act applies only |
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to an apprehension for an emergency detention that occurs on or |
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after the effective date of this Act. An apprehension for emergency |
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detention that occurs before the effective date of this Act is |
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governed by the law in effect on the date the apprehension for |
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emergency detention occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |