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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding the court-ordered administration |
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of psychoactive medication for criminal defendants who are found |
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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. Articles 46B.086(a) and (b), Code of Criminal |
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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 either: |
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(A) remains confined in a correctional facility, |
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as defined by Section 1.07, Penal Code, for a period exceeding 72 |
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hours while awaiting transfer to an inpatient mental health |
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facility, a residential care facility, or an outpatient competency |
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restoration program; |
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(B) is committed to an inpatient mental health |
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facility, a residential care facility, or a jail-based competency |
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restoration program for the purpose of competency restoration; |
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(C) is confined in a correctional facility while |
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awaiting further criminal proceedings following competency |
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restoration; or |
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(D) is subject to Article 46B.072, if the court |
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has made the determinations required by Subsection (a-1) of that |
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article; and |
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(3) for whom a correctional facility or jail-based |
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competency restoration program that employs or contracts with a |
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licensed psychiatrist, an inpatient mental health facility, a |
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residential care facility, or an outpatient competency restoration |
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program provider has prepared a continuity of care plan that |
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requires the defendant to take psychoactive medications[; and |
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[(4) who, after a hearing held under Section 574.106 |
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or 592.156, Health and Safety Code, if applicable, has been found to |
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not meet the criteria prescribed by Sections 574.106(a) and (a-1) |
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or 592.156(a) and (b), Health and Safety Code, for court-ordered |
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administration of psychoactive medications]. |
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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 facility or the program |
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provider, as applicable, shall notify the court in which the |
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criminal proceedings are pending of that fact not later than the end |
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of the next business day following the refusal. The court shall |
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promptly notify the attorney representing the state and the |
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attorney representing the defendant of the defendant's refusal. |
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The attorney representing the state may file a written motion to |
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compel medication. The motion to compel medication must be filed |
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not later than the 15th day after the date the court notifies the |
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attorney representing the state of the defendant's refusal [a judge |
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issues an order stating that the defendant does not meet the |
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criteria for court-ordered administration of psychoactive |
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medications under Section 574.106 or 592.156, Health and Safety |
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Code], except that[, for a defendant in an outpatient competency |
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restoration program,] the motion may be filed at any time for a |
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defendant in an outpatient competency restoration program. |
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SECTION 2. The change in law made by this Act relating to a |
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court order for psychoactive medication applies to an order issued |
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on or after the effective date of this Act. An order issued before |
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that date is governed by the law as it existed immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |