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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of medication to certain persons in |
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the custody of a sheriff. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.0825, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) A sheriff or sheriff's deputy having custody of a |
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defendant discharged from a facility, jail-based competency |
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restoration program, or outpatient competency restoration program |
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[for transportation as required by Article 46B.0805 or 46B.082 or |
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during proceedings described by Article 46B.084] shall, according |
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to information available at the time and unless directed otherwise |
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by a physician treating the defendant: |
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(1) [,] ensure that the defendant is provided with the |
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types and dosages of medication prescribed for the defendant; and |
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(2) in accordance with applicable law, compel the |
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defendant to take all prescribed medication to ensure the |
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defendant's continuity of care. |
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(a-1) If a defendant described by Subsection (a) is being |
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treated with a psychotropic medication at the time the defendant is |
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discharged, the sheriff or sheriff's deputy shall ensure that |
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administration of the medication continues unless directed |
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otherwise by the physician for the jail. The jail physician must |
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appropriately document the need for any discontinuation or other |
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change in the use or amount of medication after consulting with the |
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physician who treated the defendant at the facility or program to |
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ensure that the change does not adversely affect the defendant's |
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mental health or ability to continue with court proceedings. |
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(b) The commission shall reimburse [To the extent funds are |
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appropriated for that purpose,] a sheriff for the cost of [is |
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entitled to reimbursement from the state for] providing the |
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medication required by this article [Subsection (a)]. |
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SECTION 2. Article 46B.0825(c), Code of Criminal Procedure, |
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is repealed. |
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SECTION 3. This Act takes effect September 1, 2023. |