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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a judge to compel a criminal defendant |
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who lacks capacity to take psychoactive medication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 574.106(a-1), Health and Safety Code, is |
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amended to read as follows: |
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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) that 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 treatment with the proposed medication is in the best interest |
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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 treatment with the proposed medication is in the |
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best interest of the patient and [either]: |
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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; [or] |
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(B) the patient: |
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(i) has remained confined in a correctional |
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facility, as defined by Section 1.07, Penal Code, for a period |
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exceeding 72 hours while awaiting transfer for competency |
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restoration treatment; and |
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(ii) presents a danger to the patient or |
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others in the correctional facility as a result of a mental disorder |
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or mental defect as determined under Section 574.1065; or |
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(C) the patient lacks the capacity to make a |
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decision regarding the administration of the proposed medication. |
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SECTION 2. This Act takes effect September 1, 2017. |