85R2981 SMT-D
 
  By: Uresti S.B. No. 773
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a judge to compel a criminal defendant
  who lacks capacity to take psychoactive medication.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 574.106(a-1), Health and Safety Code, is
  amended 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; or 
                     (C)  the patient lacks the capacity to make a
  decision regarding the administration of the proposed medication.
         SECTION 2.  This Act takes effect September 1, 2017.