81R25960 KEL-F
By: Madden H.B. No. 3907
Substitute the following for H.B. No. 3907:
By: McReynolds C.S.H.B. No. 3907
A BILL TO BE ENTITLED
AN ACT
relating to the court-ordered administration of psychoactive
medication to certain criminal defendants and to the release of
those defendants from certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 16.22, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (e) to
read as follows:
(d) This article does not prevent [Nothing in this article
prevents] the court from, pending an evaluation of the defendant as
described by this article:
(1) subject to Subsection (e), releasing a mentally
ill or mentally retarded defendant from custody on personal or
surety bond; or
(2) ordering an examination regarding the defendant's
competency to stand trial.
(e) If a sheriff releases a defendant who is a person with
mental illness or mental retardation from custody, except on final
disposition of the criminal proceedings, the sheriff must, before
releasing the person:
(1) notify the local mental health or mental
retardation authority, as applicable, of the impending release; and
(2) if possible, arrange for the release of the person
during normal business hours.
SECTION 2. Article 46B.072(d), Code of Criminal Procedure,
is amended to read as follows:
(d) An order issued under this article may require the
defendant to participate in:
(1) as appropriate, an outpatient treatment program
administered by a community center or an outpatient treatment
program administered by any other entity that provides outpatient
competency restoration services; and
(2) an appropriate prescribed regimen of medical,
psychiatric, or psychological care or treatment, including:
(A) care or treatment involving the
administration of psychoactive medication, including those
required under Article 46B.086; and
(B) if applicable, care or treatment
administered in a correctional facility pending release to an
outpatient treatment program described by Subdivision (1).
SECTION 3. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.087 to read as follows:
Art. 46B.087. ORDER OF RELEASE: CONTINUATION OF TREATMENT.
If a defendant is released under Article 46B.0095 or 46B.010, the
court ordering the defendant's release shall consider whether the
defendant could benefit from continued treatment. If the court
finds that the defendant could benefit from continued treatment,
the court shall include in the order of release a requirement that
the sheriff, before releasing the defendant:
(1) arrange for the release of the defendant during
normal business hours, if possible; and
(2) notify the local mental health or mental
retardation authority, as applicable, of the impending release.
SECTION 4. Section 574.104, Health and Safety Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) A physician who is treating a patient ordered to
receive inpatient mental health services after having been
determined to be incompetent to stand trial may:
(1) proceed under Subsection (a); or
(2) file, in the court in which the criminal matter is
pending, an application for an order to authorize the
administration of a psychoactive medication regardless of the
patient's refusal if:
(A) the physician believes that the patient lacks
the capacity to make a decision regarding the administration of the
psychoactive medication;
(B) the physician determines that the medication
is the proper course of treatment for the patient; and
(C) the patient, verbally or by other indication,
refuses to take the medication.
(a-2) An application filed as described by Subsection
(a-1)(2) is subject to the requirements and procedures provided by
Article 46B.086, Code of Criminal Procedure. Subsections (b)(3),
(c), (d), and (e) do not apply to the application.
SECTION 5. Section 574.106(c), Health and Safety Code, is
amended to read as follows:
(c) Except as provided by Subsection (d), a [A] hearing
under this subchapter shall be conducted on the record by the
probate judge, a [or] judge with probate jurisdiction, or, if
applicable, the judge of a criminal court who ordered the patient to
receive inpatient mental health services in accordance with Chapter
46B, Code of Criminal Procedure [except as provided by Subsection
(d)].
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.