81R5199 KEL-D
By: Van de Putte S.B. No. 1198
A BILL TO BE ENTITLED
AN ACT
relating to the court-ordered administration of psychoactive
medication to certain criminal defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 574.106(a) and (a-1), Health and Safety
Code, are amended to read as follows:
(a) The court may issue an order authorizing the
administration of one or more classes of psychoactive medication to
a patient who:
(1) is under a court order to receive:
(A) inpatient mental health services; or
(B) outpatient mental health services, if the
patient has been released on bail under Article 46B.072, Code of
Criminal Procedure; or
(2) is in custody awaiting trial in a criminal
proceeding and was ordered to receive inpatient or outpatient
mental health services in the six months preceding a hearing under
this section.
(a-1) The court may issue an order under this section only
if the court finds by clear and convincing evidence after the
hearing:
(1) for any patient, including a patient who has been
determined to be incompetent to stand trial or who has been
acquitted of an offense by reason of insanity, that:
(A) the patient lacks the capacity to make a
decision regarding the administration of the proposed medication;
and
(B) treatment with the proposed medication is in
the best interest of the patient; or
(2) if the patient was ordered to receive inpatient
mental health services by a criminal court with jurisdiction over
the patient, that:
(A) the patient presents a danger to the patient
or others in the inpatient mental health facility in which the
patient is being treated as a result of a mental disorder or mental
defect as determined under Section 574.1065; and
(B) treatment with the proposed medication is in
the best interest of the patient.
SECTION 2. Section 574.107(b), Health and Safety Code, is
amended to read as follows:
(b) The county in which the applicable criminal charges are
pending or were adjudicated shall pay as provided by Subsection (a)
the costs of a hearing that is held under Section 574.106 to
evaluate the court-ordered administration of psychoactive
medication to:
(1) a patient ordered to receive [inpatient] mental
health services as described by Section 574.106(a)(1) after having
been determined to be incompetent to stand trial or having been
acquitted of an offense by reason of insanity; or
(2) a patient who:
(A) is awaiting trial after having been
determined to be competent to stand trial; and
(B) was ordered to receive [inpatient] mental
health services as described by Section 574.106(a)(2).
SECTION 3. Articles 46B.086(a), (b), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) This article applies only to a defendant:
(1) who is determined under this chapter to be
incompetent to stand trial;
(2) who is confined in a correctional facility while
awaiting transfer to an inpatient mental health facility or a
residential care facility or who has been released on bail to an
outpatient treatment program;
(3) for whom a correctional facility with licensed
physicians providing psychiatric services, an inpatient mental
health facility, a residential care facility, or an outpatient
treatment program provider has prepared a continuity of care plan
that requires the defendant to take psychoactive medications; and
(4) [(3)] who, after a hearing held under Section
574.106, Health and Safety Code, has been found to not [to] meet the
criteria prescribed by Sections 574.106(a) and (a-1), Health and
Safety Code, for court-ordered administration of psychoactive
medications[; or
[(4) who is subject to Article 46B.072].
(b) If a defendant described by Subsection (a) refuses to
take psychoactive medications as required by the defendant's
continuity of care plan, the director of the correctional facility
or outpatient treatment program provider, as applicable, shall
notify the court in which the criminal proceedings are pending of
that fact not later than the end of the next business day following
the refusal. The court shall promptly notify the attorney
representing the state and the attorney representing the defendant
of the defendant's refusal. The attorney representing the state
may file a written motion to compel medication. The motion to
compel medication must be filed not later than the 15th day after
the date a judge issues an order stating that the defendant does not
meet the criteria for court-ordered administration of psychoactive
medications under Section 574.106, Health and Safety Code, except
that,[. The motion to compel medication] for a defendant in an
outpatient treatment program, the motion may be filed at any time
after the date a judge issues such an order.
(c) The court, after notice and after a hearing held not
later than the fifth day after the defendant is returned to the
committing court, may authorize the director of the [a]
correctional facility or the program provider, as applicable, to
have the medication administered to the defendant, by reasonable
force if necessary.
SECTION 4. 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.