By: Uresti S.B. No. 773
(In the Senate - Filed February 7, 2017; February 22, 2017,
read first time and referred to Committee on Criminal Justice;
March 23, 2017, reported favorably by the following vote: Yeas 6,
Nays 0, 1 present not voting; March 23, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a judge to compel a criminal defendant
who lacks capacity to take psychoactive medication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 574.106(a-1), Health and Safety Code, is
amended to read as follows:
(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) that the patient lacks the capacity to make a
decision regarding the administration of the proposed medication
and 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 treatment with the proposed medication is in the
best interest of the patient and [either]:
(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; [or]
(B) the patient:
(i) has remained confined in a correctional
facility, as defined by Section 1.07, Penal Code, for a period
exceeding 72 hours while awaiting transfer for competency
restoration treatment; and
(ii) presents a danger to the patient or
others in the correctional facility as a result of a mental disorder
or mental defect as determined under Section 574.1065; or
(C) the patient lacks the capacity to make a
decision regarding the administration of the proposed medication.
SECTION 2. This Act takes effect September 1, 2017.
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