By Nathaniel Pitoniak on November 10th, 2025 in Criminal Defense
Texas Senate Bill 1164 took effect September 1, 2025, and fundamentally changed when police may detain someone experiencing a mental health crisis. Officers now have broader authority to take individuals into custody during psychiatric episodes, even without an immediate threat of harm.
If you or someone you care about was detained under this expanded power, and criminal charges followed, you need to understand how the law affects defense options, evidence challenges, and paths to treatment.
The Law Office of Nathaniel Pitoniak provides criminal defense representation for Houstonians whose mental health crises led to detention, arrest, or charges under the new standard. Call (832) 315-6283 for confidential counsel before you speak to law enforcement about what happened during the episode.
Key Takeaways for Criminal Defense Implications of Texas SB 1164
- Texas SB 1164 allows police to detain individuals during mental health crises without requiring proof of imminent danger, expanding emergency detention authority under Texas Health & Safety Code Chapter 573
- The law introduces anosognosia (inability to recognize one’s own mental illness) as a factor officers may consider when deciding whether detention is necessary for evaluation
- Statements made during a mental health detention might be used in later criminal proceedings unless your attorney successfully challenges the legality of the stop or argues incapacity at the time
- Defense strategies include Fourth Amendment suppression motions, competency evaluations, diversion-court petitions, and coordination with mental health providers to resolve cases through treatment rather than incarceration
What Texas SB 1164 Changed About Emergency Detention for Mental Health Crises
Before SB 1164, Texas Health & Safety Code § 573.001 required officers to believe a person posed an imminent risk of serious harm to themselves or others before authorizing warrantless emergency detention. The new law removes the requirement that danger be immediate, allowing detention when someone appears mentally ill and unable to make informed decisions about their need for care, a concept tied to anosognosia.
Officers are required to take detained individuals to designated mental health facilities rather than booking them into jail, but the broader threshold creates more frequent police intervention in crises that previously would have been left to family or medical personnel. For criminal defense purposes, this means more encounters where statements are recorded, resistance is documented, and evidence is collected during moments of impaired insight or confusion.
How Anosognosia Factors Into Detention Decisions Under SB 1164
Anosognosia describes a neurological condition in which someone with serious mental illness cannot recognize that they are unwell. Under the updated law, officers may use lack of insight as a basis for detention, even if the person is not aggressive, suicidal, or making threats.
From a defense perspective, anosognosia-based detentions raise constitutional questions about probable cause and the scope of community-caretaking exceptions to the Fourth Amendment.
If your detention began with vague observations about confusion or refusal of help (rather than specific evidence of danger) your attorney might challenge whether officers had lawful grounds to seize you. Equally important: if you made incriminating statements during the episode, your lawyer will evaluate whether those statements were voluntary and whether you understood your rights at the time.
Can Statements Made During a Mental Health Detention Be Used Against Me?
Yes, unless your attorney successfully argues that the statements were involuntary, obtained in violation of Miranda, or made while you lacked the capacity to understand what you were saying. Mental health episodes often involve disorientation, paranoia, or delusional thinking. If you made admissions during a crisis, the state might attempt to introduce those statements in a criminal case.
Your defense attorney can examine several critical factors to challenge the admissibility of these statements:
- Whether officers gave Miranda warnings before custodial interrogation
- Whether the detention itself was lawful under the Fourth Amendment
- Whether your mental state at the time rendered any waiver of rights invalid
- Whether expert testimony from treating psychiatrists or psychologists supports suppression
Courts recognize that mental illness may impair someone’s ability to knowingly and intelligently waive constitutional protections, making these challenges particularly relevant in SB 1164 detention cases.
What Are My Rights If I’m Detained for a Psychiatric Evaluation in Texas?
When officers detain you under Texas Health & Safety Code § 573.001, you have the right to be transported to a mental health facility, not a jail, unless new criminal conduct occurs during transport or officers discover an outstanding warrant. You also have the right to an examination by a physician or licensed mental health professional within a specified timeframe after arrival, and you must be released if the examining professional determines you do not meet criteria for involuntary commitment.
You should not speak to law enforcement about potential charges without legal counsel, even if officers frame questions as part of a wellness check. Do not resist arrest, but do assert your right to remain silent and your right to a lawyer. Early legal intervention can prevent avoidable statements, preserve evidence of unlawful detention, and open pathways to treatment-based resolutions rather than criminal convictions.
What Defenses Exist If Police Overstep SB 1164 Authority?
When officers exceed their authority under the expanded detention standard, multiple defense strategies might apply to your case:
- Fourth Amendment suppression: Challenging the legality of the initial seizure and any evidence obtained as a result, including statements, contraband, or observations made during an unlawful stop.
- Competency to stand trial: Evaluations that demonstrate your mental illness prevented you from understanding the charges or assisting in your defense, leading to court-ordered treatment before proceedings continue.
- Diminished capacity defenses: Arguments that your mental state at the time negated the required mental element of the alleged crime.
- Mental health court diversion: Enrollment in Harris County’s specialized treatment programs that prioritize psychiatric care over incarceration and might result in case dismissal upon successful completion.
- Negotiated resolutions: Early engagement with prosecutors to pursue deferred adjudication, reduced charges, or treatment-based outcomes that avoid permanent convictions.
Mr. Pitoniak builds defense strategies around documented mental health diagnoses, treatment records, and expert evaluations. When appropriate, he coordinates with psychiatric providers to present treatment-forward resolutions that serve both legal and clinical goals.
FAQ: Criminal Defense Implications of Texas SB 1164
How Long Can Police Hold You and Where Must They Take You Under SB 1164?
Officers must transport detained individuals to designated mental health facilities, not county jails, unless you are arrested for a separate offense during the encounter. Once at the facility, you may be held for up to 48 hours while a physician or mental health professional evaluates whether you meet criteria for involuntary commitment.
What Happens If the Detention Leads to New Criminal Charges?
New charges might arise from conduct during the crisis, like resisting arrest, assault on a public servant, criminal trespass, or drug possession discovered during the encounter. Your defense strategy will depend on the facts, but common approaches include challenging the legality of the stop to suppress evidence, presenting mental health records to demonstrate lack of criminal intent, and negotiating for diversion or deferred adjudication.
How Does SB 1164 Affect Homeless Individuals and Public Space Policing in Houston?
The broader detention standard increases police discretion during encounters with unhoused individuals, who are disproportionately affected by serious mental illness and anosognosia. Wellness checks in public spaces (parks, transit centers, encampments) might now result in detentions that previously would not have met the imminent-danger threshold.
Mental Health Crises Require Legal Counsel Who Knows Both Systems
Texas SB 1164 expanded police authority during psychiatric emergencies, but it did not eliminate your constitutional protections or your right to treatment-focused resolutions. If you were detained under the new standard and now face criminal charges, you need an attorney who understands competency evaluations, suppression motions, diversion programs, and immigration-safe plea negotiations.
The Law Office of Nathaniel Pitoniak represents Houstonians whose mental health crises led to police encounters and criminal accusations. Do not speak to law enforcement without counsel. Do not resist arrest. Call (832) 315-6283 for confidential guidance on how to protect your rights and pursue treatment rather than incarceration, where appropriate.
