Tennessee § 33-6-401 - Emergency detention.
Full text of Tennessee Tennessee Code Annotated § 33-6-401 — Emergency detention., with citation guidance and answers to common questions.
§ 33-6-401. Emergency detention.
IF AND ONLY IF a person has a mental illness or serious emotional disturbance, AND the person poses an immediate substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance, THEN the person may be detained under § 33-6-402 to obtain examination for certification of need for care and treatment. Acts 2000, ch. 947, § 1. Compiler's Notes. Former chapter 6, §§ 33-6-101 — 33-6-111 ; 33-6-201 — 33-6-209 ; 33-6-301 — 33-6-306 (Acts 1957, ch. 288, §§ 1-5; impl. am. Acts 1957, ch. 127, §§ 1, 3, 4; 1963, ch. 315, §§ 1, 2; 1965, ch. 38, §§ 37-40, 43, 45, 46; 1967, ch. 44, § 1; 1967, ch. 58, § 1;1973, ch. 127, § 11; 1974, ch. 464, § 3; 1974, ch. 802, §§ 43, 45, 46, 52, 53; 1975, ch. 199, §§ 1-3; 1975, ch. 248, §§ 1, 14, 16-18; 1976, ch. 610, § 1; 1976, ch. 763, § 5; 1976, ch. 764, §§ 2, 3; 1977, ch. 165, § 1; 1977, ch. 386, § 2; 1977, ch. 449, §§ 1, 2; 1978, ch. 527, §§ 5, 6; 1980, ch. 621, § 1; 1981, ch. 224, §§ 25-27; 1981, ch. 445, § 1; 1981, ch. 449, § 2(21); 1981, ch. 536, § 1; 1982, ch. 862, § 1, 3-11; 1983, ch. 323, §§ 8, 9, 11, 13, 14, 17-22, 24; T.C.A., § 33-314, 33-325, 33-603, 33-601, 33-604, 33-606 — 33-609, 33-614 — 33-619; 33-379 — 33-381, 33-1301 — 33-1305, 33-3-620 — 33-3-622 , 33-6-203 — 33-6-205 ; Acts 1984, ch. 922, § 8, 11-16, 23-25, 27, 28-32, 39, 40; 1985, ch. 437, §§ 14-25; 1985, ch. 478, § 37; Acts 1986, ch. 595, §§ 1, 2; 1986, ch. 836, §§ 4, 6; 1987, ch. 145, § 26; 1988, ch. 862, §§ 1-5; 1988, ch 953, § 8; 1989, ch. 99, § 1; 1989, ch. 311, §§ 1-4; 1989, ch. 513, §§ 3, 15-17; 1990, ch. 630, §§ 1, 2; 1992, ch. 893, §§ 1, 2; 1992, ch. 991, §§ 15, 16; 1993, ch. 356, §§ 1-3; 1993, ch. 376, §§ 1-4; 1994, ch. 676, § 1; 1994, ch. 779, § 1; 1996, ch. 1079, §§ 57-66; 2000, ch. 947, § 6), is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001. Cross-References. Confidentiality of communications between psychiatrist and patient, § 24-1-207 . Judicial procedures for commitment, title 33, ch. 3, part 5. Law Reviews. Barriers to Providing Effective Treatment: A Critique of Revisions in Procedural, Substantive, and Dispositional Criteria in Involuntary Civil Commitment (Donald H.J. Hermann), 39 Vand. L. Rev. 83 (1986). Civil Commitment in Tennessee — What Process is Due? (W. Russell Stambaugh), 8 Mem. St. U.L. Rev. 135 (1978). Attorney General Opinions. Constitutionality, OAG 85-027, 1985 Tenn. AG LEXIS 270 (2/4/85). Due process, OAG 86-23, 1986 Tenn. AG LEXIS 199 (1/31/86). Duty to transport dangerous mentally ill persons, OAG 96-014, 1996 Tenn. AG LEXIS 14 (2/8/96). Collateral References. Admissibility on issue of sanity of expert opinion based partly on medical, psychological or hospital reports. 55 A.L.R.3d 551. Liability of insane person for his own negligence. 49 A.L.R.3d 189. Liability of one treating mentally afflicted patient for failure to warn or protect third persons threatened by patient. 83 A.L.R.3d 1201. Modern status of rules as to standard of proof required in civil commitment proceedings. 97 A.L.R.3d 780. Right, without judicial proceeding, to arrest and detain one who is, or is suspected of being, mentally deranged. 92 A.L.R.2d 570.
Frequently Asked Questions About Tennessee § 33-6-401
What does Tennessee Code Annotated § 33-6-401 cover?
Section 33-6-401 ("Emergency detention.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 33-6-401?
A common citation format is "Tennessee Code Annotated § 33-6-401" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 33-6-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.