81R26072 KEL-F
 
  By: Menendez H.B. No. 1233
 
  Substitute the following for H.B. No. 1233:
 
  By:  Laubenberg C.S.H.B. No. 1233
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the court-ordered administration of psychoactive
  medication to certain criminal defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 574.106, Health and Safety Code, is
  amended by amending Subsection (a-1) and adding Subsection (l) to
  read as follows:
         (a-1)  The court may issue an order under this section only
  if the court finds by clear and convincing evidence after the
  hearing:
               (1)  that the patient lacks the capacity to make a
  decision regarding the administration of the proposed medication
  and treatment with the proposed medication is in the best interest
  of the patient; or
               (2)  if the patient was ordered to receive inpatient
  mental health services by a criminal court with jurisdiction over
  the patient, that treatment with the proposed medication is in the
  best interest of the patient and either:
                     (A)  the patient presents a danger to the patient
  or others in the inpatient mental health facility in which the
  patient is being treated as a result of a mental disorder or mental
  defect as determined under Section 574.1065; or
                     (B)  the patient:
                           (i)  has remained confined in a correctional
  facility, as defined by Section 1.07, Penal Code, for a period
  exceeding 72 hours while awaiting transfer for competency
  restoration treatment; and
                           (ii)  presents a danger to the patient or
  others in the correctional facility as a result of a mental disorder
  or mental defect as determined under Section 574.1065 [and
                     [(B)     treatment with the proposed medication is in
  the best interest of the patient].
         (l)  For a patient described by Subsection (a-1)(2)(B), an
  order issued under this section:
               (1)  authorizes the initiation of any appropriate
  mental health treatment for the patient awaiting transfer; and
               (2)  does not constitute authorization to retain the
  patient in a correctional facility for competency restoration
  treatment.
         SECTION 2.  Section 574.1065, Health and Safety Code, is
  amended to read as follows:
         Sec. 574.1065.  FINDING THAT PATIENT PRESENTS A DANGER. In
  making a finding under Section 574.106(a-1)(2) that, as a result of
  a mental disorder or mental defect, the patient presents a danger to
  the patient or others in the inpatient mental health facility in
  which the patient is being treated or in the correctional facility,
  as applicable, [as a result of a mental disorder or mental defect]
  the court shall consider:
               (1)  an assessment of the patient's present mental
  condition;
               (2)  whether the patient has inflicted, attempted to
  inflict, or made a serious threat of inflicting substantial
  physical harm to the patient's self or to another while in the
  facility; and
               (3)  whether the patient, in the six months preceding
  the date the patient was placed in the facility, has inflicted,
  attempted to inflict, or made a serious threat of inflicting
  substantial physical harm to another that resulted in the patient
  being placed in the facility.
         SECTION 3.  Section 574.107(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The county in which the applicable criminal charges are
  pending or were adjudicated shall pay as provided by Subsection (a)
  the costs of a hearing that is held under Section 574.106 to
  evaluate the court-ordered administration of psychoactive
  medication to:
               (1)  a patient ordered to receive [inpatient] mental
  health services as described by Section 574.106(a)(1) after having
  been determined to be incompetent to stand trial or having been
  acquitted of an offense by reason of insanity; or
               (2)  a patient who:
                     (A)  is awaiting trial after having been
  determined to be competent to stand trial; and
                     (B)  was ordered to receive [inpatient] mental
  health services as described by Section 574.106(a)(2).
         SECTION 4.  Article 46B.086, Code of Criminal Procedure, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsection (g) to read as follows:
         (a)  This article applies only to a defendant:
               (1)  who is determined under this chapter to be
  incompetent to stand trial;
               (2)  who either:
                     (A)  remains confined in a correctional facility,
  as defined by Section 1.07, Penal Code, for a period exceeding 72
  hours while awaiting transfer to an inpatient mental health
  facility, a residential care facility, or an outpatient treatment
  program;
                     (B)  is committed to an inpatient mental health
  facility or a residential care facility for the purpose of
  competency restoration;
                     (C)  is confined in a correctional facility while
  awaiting further criminal proceedings following competency
  restoration treatment; or
                     (D)  is subject to Article 46B.072, if the court
  has made the determinations required by Subsection (a) of that
  article;
               (3)  for whom a correctional facility that employs or
  contracts with a licensed psychiatrist, an inpatient mental health
  facility, a residential care facility, or an outpatient treatment
  program provider has prepared a continuity of care plan that
  requires the defendant to take psychoactive medications; and
               (4) [(3)]  who, after a hearing held under Section
  574.106, Health and Safety Code, if applicable, has been found to
  not [to] meet the criteria prescribed by Sections 574.106(a) and
  (a-1), Health and Safety Code, for court-ordered administration of
  psychoactive medications[; or
               [(4)  who is subject to Article 46B.072].
         (b)  If a defendant described by Subsection (a) refuses to
  take psychoactive medications as required by the defendant's
  continuity of care plan, the director of the correctional facility
  or outpatient treatment program provider, as applicable, shall
  notify the court in which the criminal proceedings are pending of
  that fact not later than the end of the next business day following
  the refusal.  The court shall promptly notify the attorney
  representing the state and the attorney representing the defendant
  of the defendant's refusal.  The attorney representing the state
  may file a written motion to compel medication.  The motion to
  compel medication must be filed not later than the 15th day after
  the date a judge issues an order stating that the defendant does not
  meet the criteria for court-ordered administration of psychoactive
  medications under Section 574.106, Health and Safety Code, except
  that,[.  The motion to compel medication] for a defendant in an
  outpatient treatment program, the motion may be filed at any time.
         (c)  The court, after notice and after a hearing held not
  later than the fifth day after the defendant is returned to the
  committing court, may authorize the director of the [a]
  correctional facility or the program provider, as applicable, to
  have the medication administered to the defendant, by reasonable
  force if necessary.
         (g)  For a defendant described by Subsection (a)(2)(A), an
  order issued under this article:
               (1)  authorizes the initiation of any appropriate
  mental health treatment for the defendant awaiting transfer; and
               (2)  does not constitute authorization to retain the
  defendant in a correctional facility for competency restoration
  treatment.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.