82R10815 KEL-F
By: Madden H.B. No. 2037
A BILL TO BE ENTITLED
AN ACT
relating to the court-ordered administration of psychoactive
medication or other care or treatment with respect to certain
criminal defendants determined to be incompetent to stand trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 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, 2011.