HB435 Alabama 2019 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Paul W. LeeRepresentative
Republican
Session: Regular Session 2019
Title: Houston Co., law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities
Summary: HB 435 lets Houston County law enforcement officers take a person they believe has a mental illness into protective custody for evaluation, with a short hold and immunity for responders.
What This Bill Does
If a designated Houston County officer has reasonable cause to believe someone is mentally ill and an immediate danger, they can take that person to a hospital or designated facility for evaluation and treatment. The person can be transported with reasonable force if they resist, and they must be released within 72 hours (excluding weekends and holidays) unless a probate judge orders further treatment. If medical staff determine the person is not mentally ill or not dangerous, the officer must arrange the immediate release and may transport the person home within the county. The act states custody is not an arrest and provides civil and criminal immunity to officers and facilities acting in good faith.

Who It Affects
Individuals in Houston County who are believed to have a mental illness and be in immediate danger to themselves or others, as they may be placed in protective custody and transported for evaluation.
Designated law enforcement officers and local hospitals or other treatment facilities in Houston County, who carry out custody, transport, evaluation, and release under the act and receive immunity for good-faith actions.

Key Provisions
Designated Houston County law enforcement agency, authorized by the sheriff, may take a person believed to be mentally ill and an immediate danger into protective custody.
The officer must transport the individual to a hospital or designated facility for evaluation and treatment; reasonable force may be used if the person does not consent to transport.
The person must be released within 72 hours (excluding weekends and holidays) unless a probate judge orders further inpatient or outpatient treatment.
If medical staff determine the person is not mentally ill or not a danger, the officer must coordinate immediate release and may return the person to their residence within the county.
Protective custody under this act is not an arrest and does not create a record of detention or charges.
Officers, hospitals, and designated facilities acting in good faith are immune from civil or criminal liability; the act does not repeal or modify existing medical liability laws.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Houston County