Summary

Contempt action in connection with Health and Safety Code section 573.012 could likely be brought by court with jurisdiction over mental health proceedings|Designation of peace officer or law enforcement agency to execute emergency detention warrant pursuant to Health and Safety Code section 573.012|Peace officer executing emergency detention warrant pursuant to Health and Safety Code section 573.012 has duty to transport person to appropriate facility|Peace officer refusing to transport person to appropriate facility pursuant to Health and Safety Code section 573.012 is liable for contempt|Magistrate may direct detention warrant issued pursuant to Health and Safety code section 573.012 to any on-duty peace officer listed in Code of Criminal Procedure article 2.12 regardless of location of subject within county|The term "peace officer" does not distinguish between county and municipal peace officers for purposes of executing emergency detention warrants pursuant to Health and Safety Code section 573.012

Opinion File

kp0206.pdf