Texas 2009 - 81st Regular

Texas House Bill HB1233 Compare Versions

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1	1	H.B. No. 1233
2	2
3	3
4	4	AN ACT
5	5	relating to the court-ordered administration of psychoactive
6	6	medication to certain criminal defendants.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 574.106, Health and Safety Code, is
9	9	amended by amending Subsection (a-1) and adding Subsection (l) to
10	10	read as follows:
11	11	(a-1) The court may issue an order under this section only
12	12	if the court finds by clear and convincing evidence after the
13	13	hearing:
14	14	(1) that the patient lacks the capacity to make a
15	15	decision regarding the administration of the proposed medication
16	16	and treatment with the proposed medication is in the best interest
17	17	of the patient; or
18	18	(2) if the patient was ordered to receive inpatient
19	19	mental health services by a criminal court with jurisdiction over
20	20	the patient, that treatment with the proposed medication is in the
21	21	best interest of the patient and either:
22	22	(A) the patient presents a danger to the patient
23	23	or others in the inpatient mental health facility in which the
24	24	patient is being treated as a result of a mental disorder or mental
25	25	defect as determined under Section 574.1065; or
26	26	(B) the patient:
27	27	(i) has remained confined in a correctional
28	28	facility, as defined by Section 1.07, Penal Code, for a period
29	29	exceeding 72 hours while awaiting transfer for competency
30	30	restoration treatment; and
31	31	(ii) presents a danger to the patient or
32	32	others in the correctional facility as a result of a mental disorder
33	33	or mental defect as determined under Section 574.1065 [and
34	34	[(B) treatment with the proposed medication is in
35	35	the best interest of the patient].
36	36	(l) For a patient described by Subsection (a-1)(2)(B), an
37	37	order issued under this section:
38	38	(1) authorizes the initiation of any appropriate
39	39	mental health treatment for the patient awaiting transfer; and
40	40	(2) does not constitute authorization to retain the
41	41	patient in a correctional facility for competency restoration
42	42	treatment.
43	43	SECTION 2. Section 574.1065, Health and Safety Code, is
44	44	amended to read as follows:
45	45	Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In
46	46	making a finding under Section 574.106(a-1)(2) that, as a result of
47	47	a mental disorder or mental defect, the patient presents a danger to
48	48	the patient or others in the inpatient mental health facility in
49	49	which the patient is being treated or in the correctional facility,
50	50	as applicable, [as a result of a mental disorder or mental defect]
51	51	the court shall consider:
52	52	(1) an assessment of the patient's present mental
53	53	condition;
54	54	(2) whether the patient has inflicted, attempted to
55	55	inflict, or made a serious threat of inflicting substantial
56	56	physical harm to the patient's self or to another while in the
57	57	facility; and
58	58	(3) whether the patient, in the six months preceding
59	59	the date the patient was placed in the facility, has inflicted,
60	60	attempted to inflict, or made a serious threat of inflicting
61	61	substantial physical harm to another that resulted in the patient
62	62	being placed in the facility.
63	63	SECTION 3. Section 574.107(b), Health and Safety Code, is
64	64	amended to read as follows:
65	65	(b) The county in which the applicable criminal charges are
66	66	pending or were adjudicated shall pay as provided by Subsection (a)
67	67	the costs of a hearing that is held under Section 574.106 to
68	68	evaluate the court-ordered administration of psychoactive
69	69	medication to:
70	70	(1) a patient ordered to receive [inpatient] mental
71	71	health services as described by Section 574.106(a)(1) after having
72	72	been determined to be incompetent to stand trial or having been
73	73	acquitted of an offense by reason of insanity; or
74	74	(2) a patient who:
75	75	(A) is awaiting trial after having been
76	76	determined to be competent to stand trial; and
77	77	(B) was ordered to receive [inpatient] mental
78	78	health services as described by Section 574.106(a)(2).
79	79	SECTION 4. Article 46B.086, Code of Criminal Procedure, is
80	80	amended by amending Subsections (a), (b), and (c) and adding
81	81	Subsection (g) to read as follows:
82	82	(a) This article applies only to a defendant:
83	83	(1) who is determined under this chapter to be
84	84	incompetent to stand trial;
85	85	(2) who either:
86	86	(A) remains confined in a correctional facility,
87	87	as defined by Section 1.07, Penal Code, for a period exceeding 72
88	88	hours while awaiting transfer to an inpatient mental health
89	89	facility, a residential care facility, or an outpatient treatment
90	90	program;
91	91	(B) is committed to an inpatient mental health
92	92	facility or a residential care facility for the purpose of
93	93	competency restoration;
94	94	(C) is confined in a correctional facility while
95	95	awaiting further criminal proceedings following competency
96	96	restoration treatment; or
97	97	(D) is subject to Article 46B.072, if the court
98	98	has made the determinations required by Subsection (a) of that
99	99	article;
100	100	(3) for whom a correctional facility that employs or
101	101	contracts with a licensed psychiatrist, an inpatient mental health
102	102	facility, a residential care facility, or an outpatient treatment
103	103	program provider has prepared a continuity of care plan that
104	104	requires the defendant to take psychoactive medications; and
105	105	(4) [(3)] who, after a hearing held under Section
106	106	574.106, Health and Safety Code, if applicable, has been found to
107	107	not [to] meet the criteria prescribed by Sections 574.106(a) and
108	108	(a-1), Health and Safety Code, for court-ordered administration of
109	109	psychoactive medications[; or
110	110	[(4) who is subject to Article 46B.072].
111	111	(b) If a defendant described by Subsection (a) refuses to
112	112	take psychoactive medications as required by the defendant's
113	113	continuity of care plan, the director of the correctional facility
114	114	or outpatient treatment program provider, as applicable, shall
115	115	notify the court in which the criminal proceedings are pending of
116	116	that fact not later than the end of the next business day following
117	117	the refusal. The court shall promptly notify the attorney
118	118	representing the state and the attorney representing the defendant
119	119	of the defendant's refusal. The attorney representing the state
120	120	may file a written motion to compel medication. The motion to
121	121	compel medication must be filed not later than the 15th day after
122	122	the date a judge issues an order stating that the defendant does not
123	123	meet the criteria for court-ordered administration of psychoactive
124	124	medications under Section 574.106, Health and Safety Code, except
125	125	that,[. The motion to compel medication] for a defendant in an
126	126	outpatient treatment program, the motion may be filed at any time.
127	127	(c) The court, after notice and after a hearing held not
128	128	later than the fifth day after the defendant is returned to the
129	129	committing court, may authorize the director of the [a]
130	130	correctional facility or the program provider, as applicable, to
131	131	have the medication administered to the defendant, by reasonable
132	132	force if necessary.
133	133	(g) For a defendant described by Subsection (a)(2)(A), an
134	134	order issued under this article:
135	135	(1) authorizes the initiation of any appropriate
136	136	mental health treatment for the defendant awaiting transfer; and
137	137	(2) does not constitute authorization to retain the
138	138	defendant in a correctional facility for competency restoration
139	139	treatment.
140	140	SECTION 5. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2009.
145	145	______________________________ ______________________________
146	146	President of the Senate Speaker of the House
147	147	I certify that H.B. No. 1233 was passed by the House on May 5,
148	148	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
149	149	voting.
150	150	______________________________
151	151	Chief Clerk of the House
152	152	I certify that H.B. No. 1233 was passed by the Senate on May
153	153	26, 2009, by the following vote: Yeas 31, Nays 0.
154	154	______________________________
155	155	Secretary of the Senate
156	156	APPROVED: _____________________
157	157	Date
158	158	_____________________
159	159	Governor