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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1274
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
5318S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 632.305, RSMo, and to enact in lieu thereof one new section relating to
notarization requirements for certain mental health detentions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 632.305, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 632.305, 2
to read as follows:3
632.305. 1. An application for detention for 1
evaluation and treatment at a mental health facility may be 2
executed by any adult person, who need not be an attorney or 3
represented by an attorney, on a form provided by the court 4
for such purpose, and shall allege under oath[, without a 5
notarization requirement,] that the applicant has reason to 6
believe that the respondent is suffering from a mental 7
disorder and presents a likelihood of serious harm to 8
himself or herself or to others. The application shall 9
specify the factual information on which such belief is 10
based and should contain the names and addresses of all 11
persons known to the applicant who have knowledge of such 12
facts through personal observation. 13
2. The filing of a written application in court by any 14
adult person, who need not be an attorney or represented by 15
an attorney, shall authorize the applicant to bring the 16
matter before the court on an ex parte basis to determine 17
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whether the respondent should be taken into custody and 18
transported to a mental health facility. The application 19
may be filed in the court having probate jurisdiction in any 20
county where the respondent may be found. If the court 21
finds that there is probable cause, either upon testimony 22
under oath or upon a review of affidavits, declarations, or 23
other supporting documentation, to believe that the 24
respondent may be suffering from a mental disorder and 25
presents a likelihood of serious harm to himself or herself 26
or others, it shall direct a peace officer to take the 27
respondent into custody and transport him or her to a mental 28
health facility for detention for evaluation and treatment 29
for a period not to exceed ninety-six hours unless further 30
detention and treatment is authorized pursuant to this 31
chapter. Nothing herein shall be construed to prohibit the 32
court, in the exercise of its discretion, from giving the 33
respondent an opportunity to be heard. 34
3. A peace officer may take a person into custody for 35
detention for evaluation and treatment at a mental health 36
facility for a period not to exceed ninety-six hours only 37
when such peace officer has reasonable cause to believe that 38
such person is suffering from a mental disorder and that the 39
likelihood of serious harm by such person to himself or 40
herself or others is imminent unless such person is 41
immediately taken into custody. Upon arrival at the mental 42
health facility, the peace officer who conveyed such person 43
or caused him or her to be conveyed shall either present the 44
application for detention for evaluation and treatment upon 45
which the court has issued a finding of probable cause and 46
the respondent was taken into custody or complete an 47
application for initial detention for evaluation and 48
treatment for a period not to exceed ninety-six hours which 49
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shall be based upon his or her own personal observations or 50
investigations and shall contain the information required in 51
subsection 1 of this section. 52
4. If a person presents himself or herself or is 53
presented by others to a mental health facility and a 54
licensed physician, a registered professional nurse or a 55
mental health professional designated by the head of the 56
facility and approved by the department for such purpose has 57
reasonable cause to believe that the person is mentally 58
disordered and presents an imminent likelihood of serious 59
harm to himself or herself or others unless he or she is 60
accepted for detention, the licensed physician, the mental 61
health professional or the registered professional nurse 62
designated by the facility and approved by the department 63
may complete an application for detention for evaluation and 64
treatment for a period not to exceed ninety-six hours. The 65
application shall be based on his or her own personal 66
observations or investigation and shall contain the 67
information required in subsection 1 of this section. 68
5. No notarization shall be required for an 69
application or for any affidavits, declarations, or other 70
documents supporting an application filed pursuant to 71
subsections 2, 3, or 4 of this section, or filed pursuant to 72
subsection 1 of this section if the adult person executing 73
the application is an employee acting on behalf of a 74
hospital, as such term is defined in section 197.020. The 75
application and any affidavits, declarations, or other 76
documents supporting the application shall be subject to the 77
provisions of section 492.060 allowing for declaration under 78
penalty of perjury. 79
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