REFERENCE TITLE: mandatory mental health evaluation; admission




State of Arizona

House of Representatives

Fifty-first Legislature

First Regular Session




HB 2376


Introduced by

Representative Campbell





Amending section 36-525, Arizona Revised Statutes; relating to the mental health services.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-525, Arizona Revised Statutes, is amended to read:

START_STATUTE36-525.  Apprehension and transportation by peace officers; mandatory application; immunity

A.  A peace officer shall on the advice of the admitting officer of the evaluation agency pursuant to section 36‑524, subsection E apprehend and transport a person to an evaluation agency.

B.  If a peace officer has contact with a person who possesses a firearm and the peace officer has probable cause to believe that the person as a result of mental illness is a danger to self or others, persistently or acutely disabled, or gravely disabled, the peace officer shall Submit an application for a court-ordered evaluation pursuant to section 36-520 or, if appropriate, emergency admission pursuant to section 36-524.  If a peace officer submits an application pursuant to this subsection, the peace officer shall temporarily seize the firearm.

B.  C.  In those instances in which the procedures set forth prescribed in section 36‑524 are not available, a peace officer may take into custody any individual he has probable cause to believe, based on his own observations, is, as a result of mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36‑520 and 36‑521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person.  The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency.  A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section.

C.  D.  If apprehension takes place on or about the premises of the apprehended person, the officer shall take reasonable precautions to safeguard the premises and the property thereon, unless such property and premises are in the possession of a responsible relative or guardian.

D.  E.  A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability. END_STATUTE