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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 or other care or treatment with respect to certain |
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criminal defendants determined to be incompetent to stand trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.072(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) An order issued under this article may require the |
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defendant to participate in: |
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(1) as appropriate, an outpatient treatment program |
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administered by a community center or an outpatient treatment |
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program administered by any other entity that provides outpatient |
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competency restoration services; and |
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(2) an appropriate prescribed regimen of medical, |
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psychiatric, or psychological care or treatment, including: |
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(A) care or treatment involving the |
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administration of psychoactive medication, including those |
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required under Article 46B.086; and |
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(B) if applicable, care or treatment |
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administered in a correctional facility pending release to an |
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outpatient treatment program described by Subdivision (1). |
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SECTION 2. Section 574.104, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) A physician who is treating a patient ordered to |
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receive inpatient mental health services after having been |
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determined to be incompetent to stand trial may: |
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(1) proceed under Subsection (a); or |
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(2) file, in the court in which the criminal matter is |
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pending, an application for an order to authorize the |
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administration of a psychoactive medication regardless of the |
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patient's refusal if: |
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(A) the physician believes that the patient lacks |
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the capacity to make a decision regarding the administration of the |
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psychoactive medication; |
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(B) the physician determines that the medication |
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is the proper course of treatment for the patient; and |
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(C) the patient, verbally or by other indication, |
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refuses to take the medication. |
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(a-2) An application filed as described by Subsection |
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(a-1)(2) is subject to the requirements and procedures provided by |
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Article 46B.086, Code of Criminal Procedure. Subsections (b)(3), |
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(c), (d), and (e) do not apply to the application. |
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SECTION 3. Section 574.106(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Except as provided by Subsection (d), a [A] hearing |
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under this subchapter shall be conducted on the record by the |
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probate judge, a [or] judge with probate jurisdiction, or, if |
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applicable, the judge of a criminal court who ordered the patient to |
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receive inpatient mental health services in accordance with Chapter |
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46B, Code of Criminal Procedure [except as provided by Subsection
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(d)]. |
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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, 2011. |