Texas 2009 - 81st Regular

Texas Senate Bill SB1198 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5199 KEL-D
2	2	By: Van de Putte S.B. No. 1198
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the court-ordered administration of psychoactive
8	8	medication to certain criminal defendants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 574.106(a) and (a-1), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(a) The court may issue an order authorizing the
13	13	administration of one or more classes of psychoactive medication to
14	14	a patient who:
15	15	(1) is under a court order to receive:
16	16	(A) inpatient mental health services; or
17	17	(B) outpatient mental health services, if the
18	18	patient has been released on bail under Article 46B.072, Code of
19	19	Criminal Procedure; or
20	20	(2) is in custody awaiting trial in a criminal
21	21	proceeding and was ordered to receive inpatient or outpatient
22	22	mental health services in the six months preceding a hearing under
23	23	this section.
24	24	(a-1) The court may issue an order under this section only
25	25	if the court finds by clear and convincing evidence after the
26	26	hearing:
27	27	(1) for any patient, including a patient who has been
28	28	determined to be incompetent to stand trial or who has been
29	29	acquitted of an offense by reason of insanity, that:
30	30	(A) the patient lacks the capacity to make a
31	31	decision regarding the administration of the proposed medication;
32	32	and
33	33	(B) treatment with the proposed medication is in
34	34	the best interest of the patient; or
35	35	(2) if the patient was ordered to receive inpatient
36	36	mental health services by a criminal court with jurisdiction over
37	37	the patient, that:
38	38	(A) the patient presents a danger to the patient
39	39	or others in the inpatient mental health facility in which the
40	40	patient is being treated as a result of a mental disorder or mental
41	41	defect as determined under Section 574.1065; and
42	42	(B) treatment with the proposed medication is in
43	43	the best interest of the patient.
44	44	SECTION 2. Section 574.107(b), Health and Safety Code, is
45	45	amended to read as follows:
46	46	(b) The county in which the applicable criminal charges are
47	47	pending or were adjudicated shall pay as provided by Subsection (a)
48	48	the costs of a hearing that is held under Section 574.106 to
49	49	evaluate the court-ordered administration of psychoactive
50	50	medication to:
51	51	(1) a patient ordered to receive [inpatient] mental
52	52	health services as described by Section 574.106(a)(1) after having
53	53	been determined to be incompetent to stand trial or having been
54	54	acquitted of an offense by reason of insanity; or
55	55	(2) a patient who:
56	56	(A) is awaiting trial after having been
57	57	determined to be competent to stand trial; and
58	58	(B) was ordered to receive [inpatient] mental
59	59	health services as described by Section 574.106(a)(2).
60	60	SECTION 3. Articles 46B.086(a), (b), and (c), Code of
61	61	Criminal Procedure, are amended to read as follows:
62	62	(a) This article applies only to a defendant:
63	63	(1) who is determined under this chapter to be
64	64	incompetent to stand trial;
65	65	(2) who is confined in a correctional facility while
66	66	awaiting transfer to an inpatient mental health facility or a
67	67	residential care facility or who has been released on bail to an
68	68	outpatient treatment program;
69	69	(3) for whom a correctional facility with licensed
70	70	physicians providing psychiatric services, an inpatient mental
71	71	health facility, a residential care facility, or an outpatient
72	72	treatment program provider has prepared a continuity of care plan
73	73	that requires the defendant to take psychoactive medications; and
74	74	(4) [(3)] who, after a hearing held under Section
75	75	574.106, Health and Safety Code, has been found to not [to] meet the
76	76	criteria prescribed by Sections 574.106(a) and (a-1), Health and
77	77	Safety Code, for court-ordered administration of psychoactive
78	78	medications[; or
79	79	[(4) who is subject to Article 46B.072].
80	80	(b) If a defendant described by Subsection (a) refuses to
81	81	take psychoactive medications as required by the defendant's
82	82	continuity of care plan, the director of the correctional facility
83	83	or outpatient treatment program provider, as applicable, shall
84	84	notify the court in which the criminal proceedings are pending of
85	85	that fact not later than the end of the next business day following
86	86	the refusal. The court shall promptly notify the attorney
87	87	representing the state and the attorney representing the defendant
88	88	of the defendant's refusal. The attorney representing the state
89	89	may file a written motion to compel medication. The motion to
90	90	compel medication must be filed not later than the 15th day after
91	91	the date a judge issues an order stating that the defendant does not
92	92	meet the criteria for court-ordered administration of psychoactive
93	93	medications under Section 574.106, Health and Safety Code, except
94	94	that,[. The motion to compel medication] for a defendant in an
95	95	outpatient treatment program, the motion may be filed at any time
96	96	after the date a judge issues such an order.
97	97	(c) The court, after notice and after a hearing held not
98	98	later than the fifth day after the defendant is returned to the
99	99	committing court, may authorize the director of the [a]
100	100	correctional facility or the program provider, as applicable, to
101	101	have the medication administered to the defendant, by reasonable
102	102	force if necessary.
103	103	SECTION 4. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2009.