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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of the costs of a hearing regarding the |
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court-ordered administration of psychoactive medication to certain |
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criminal defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 571.018, Health and |
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Safety Code, is amended to read as follows: |
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(a) The costs for a hearing or proceeding under this |
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subtitle, other than a hearing regarding the court-ordered |
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administration of psychoactive medication to a person awaiting |
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trial or acquitted in a criminal case as described by Section |
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574.107, shall be paid by: |
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(1) the county that initiates emergency detention |
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procedures under Subchapter A or B, Chapter 573; or |
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(2) if no emergency detention procedures are |
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initiated, the county that accepts an application for court-ordered |
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mental health services, issues an order for protective custody, or |
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issues an order for temporary mental health services. |
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SECTION 2. Section 574.107, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 574.107. COSTS. The costs for a hearing [hearings] |
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under this subchapter shall be paid in accordance with Sections |
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571.017 and 571.018, except that the county in which the applicable |
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criminal charges are pending or were adjudicated shall pay the |
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costs of a hearing that is held under Section 574.106 to evaluate |
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the court-ordered administration of psychoactive medication to: |
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(1) a patient ordered to receive inpatient mental |
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health services as described by Section 574.106(a)(1) after having |
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been determined to be incompetent to stand trial or having been |
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acquitted of an offense by reason of insanity; or |
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(2) a patient who: |
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(A) is awaiting trial after having been |
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determined to be competent to stand trial; and |
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(B) was ordered to receive inpatient mental |
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health services as described by Section 574.106(a)(2). |
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SECTION 3. The change in law made by this Act applies only |
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to a hearing under Section 574.106, Health and Safety Code, that |
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commences on or after the effective date of this Act. A hearing |
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under Section 574.106, Health and Safety Code, that commences |
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before the effective date of this Act is covered by the law in |
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effect when the hearing commenced, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |