Texas House Bill HB1233

Texas 2009 - 81st Regular

• Out of House Committee: 4/28/09
• Voted on by House: 5/6/09
• Out of Senate Committee: 5/20/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the court-ordered administration of psychoactive medication to certain criminal defendants.

Impact

The proposed changes in HB1233 would enable courts to act when patients are determined to lack the capacity to make decisions about their treatment and when such treatment is in their best interest due to a potential danger they pose to themselves or others. This would ensure that mental health treatment is accessible even to those who struggle to consent due to their mental state. Furthermore, the bill places the financial responsibility on the county for hearings related to court-ordered medication administration, indicating a shift in how the state supports the mental health treatment of criminal defendants.

Summary

House Bill 1233 addresses the legal framework surrounding the administration of psychoactive medication to specific criminal defendants, primarily focusing on those who have been deemed mentally unfit to stand trial or those who have been acquitted of charges by reason of insanity. The bill seeks to amend existing provisions within the Health and Safety Code, specifically Sections 574.106 and 574.107, allowing courts to authorize the administration of medications under certain conditions. This reflects a growing recognition of the importance of mental health considerations within the criminal justice process.

Contention

There are significant implications associated with the new standards set forth by HB1233. Proponents argue that the bill strengthens the state's commitment to providing adequate mental health care to individuals in the criminal justice system, potentially reducing risks associated with untreated mental health issues. Conversely, critics may raise concerns over the potential for coercive treatment and the ethics involved in administering psychoactive drugs to individuals who are not fully capable of consent. This delicate balance between ensuring treatment and protecting individual rights remains a contentious point in legislative discussions.