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A BILL TO BE ENTITLED
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AN ACT
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relating to the court-ordered administration of psychoactive |
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medication to certain criminal defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 574.106(a) and (a-1), Health and Safety |
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Code, are amended to read as follows: |
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(a) The court may issue an order authorizing the |
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administration of one or more classes of psychoactive medication to |
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a patient who: |
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(1) is under a court order to receive: |
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(A) inpatient mental health services; or |
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(B) outpatient mental health services, if the |
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patient has been released on bail under Article 46B.072, Code of |
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Criminal Procedure; or |
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(2) is in custody awaiting trial in a criminal |
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proceeding and was ordered to receive inpatient or outpatient |
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mental health services in the six months preceding a hearing under |
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this section. |
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(a-1) The court may issue an order under this section only |
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if the court finds by clear and convincing evidence after the |
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hearing: |
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(1) for any patient, including a patient who has been |
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determined to be incompetent to stand trial or who has been |
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acquitted of an offense by reason of insanity, that: |
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(A) the patient lacks the capacity to make a |
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decision regarding the administration of the proposed medication; |
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and |
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(B) treatment with the proposed medication is in |
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the best interest of the patient; or |
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(2) if the patient was ordered to receive inpatient |
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mental health services by a criminal court with jurisdiction over |
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the patient, that: |
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(A) the patient presents a danger to the patient |
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or others in the inpatient mental health facility in which the |
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patient is being treated as a result of a mental disorder or mental |
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defect as determined under Section 574.1065; and |
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(B) treatment with the proposed medication is in |
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the best interest of the patient. |
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SECTION 2. Section 574.107(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The county in which the applicable criminal charges are |
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pending or were adjudicated shall pay as provided by Subsection (a) |
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the costs of a hearing that is held under Section 574.106 to |
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evaluate the court-ordered administration of psychoactive |
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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. Articles 46B.086(a), (b), and (c), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) This article applies only to a defendant: |
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(1) who is determined under this chapter to be |
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incompetent to stand trial; |
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(2) who is confined in a correctional facility while |
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awaiting transfer to an inpatient mental health facility or a |
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residential care facility or who has been released on bail to an |
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outpatient treatment program; |
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(3) for whom a correctional facility with licensed |
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physicians providing psychiatric services, an inpatient mental |
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health facility, a residential care facility, or an outpatient |
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treatment program provider has prepared a continuity of care plan |
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that requires the defendant to take psychoactive medications; and |
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(4) [(3)] who, after a hearing held under Section |
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574.106, Health and Safety Code, has been found to not [to] meet the |
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criteria prescribed by Sections 574.106(a) and (a-1), Health and |
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Safety Code, for court-ordered administration of psychoactive |
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medications[; or
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[(4) who is subject to Article 46B.072]. |
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(b) If a defendant described by Subsection (a) refuses to |
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take psychoactive medications as required by the defendant's |
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continuity of care plan, the director of the correctional facility |
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or outpatient treatment program provider, as applicable, shall |
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notify the court in which the criminal proceedings are pending of |
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that fact not later than the end of the next business day following |
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the refusal. The court shall promptly notify the attorney |
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representing the state and the attorney representing the defendant |
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of the defendant's refusal. The attorney representing the state |
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may file a written motion to compel medication. The motion to |
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compel medication must be filed not later than the 15th day after |
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the date a judge issues an order stating that the defendant does not |
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meet the criteria for court-ordered administration of psychoactive |
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medications under Section 574.106, Health and Safety Code, except |
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that,[. The motion to compel medication] for a defendant in an |
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outpatient treatment program, the motion may be filed at any time |
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after the date a judge issues such an order. |
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(c) The court, after notice and after a hearing held not |
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later than the fifth day after the defendant is returned to the |
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committing court, may authorize the director of the [a] |
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correctional facility or the program provider, as applicable, to |
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have the medication administered to the defendant, by reasonable |
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force if necessary. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |