HB 2025-S - DIGEST

(DIGEST OF PROPOSED 1ST SUBSTITUTE)

Provides that a person detained and taken into custody under this act by a county designated mental health professional or a peace officer shall not be charged with assault if physically resisting under diminished capacity conditions and at least one of the following conditions is present: (1) Proper and adequate crisis intervention training for detaining a person with mental illness was not provided to the detaining person;

(2) No permanent bodily harm was done to the detaining person;

(3) The detainee was psychotic at the time he or she was taken into custody;

(4) The detainee was acting in a defensive manner; or

(5) The detainee was not armed.