| 2 | | - | (In the Senate - Filed February 7, 2017; February 22, 2017, |
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| 3 | | - | read first time and referred to Committee on Criminal Justice; |
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| 4 | | - | March 23, 2017, reported favorably by the following vote: Yeas 6, |
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| 5 | | - | Nays 0, 1 present not voting; March 23, 2017, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to the authority of a judge to compel a criminal defendant |
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| 12 | 7 | | who lacks capacity to take psychoactive medication. |
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| 13 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 9 | | SECTION 1. Section 574.106(a-1), Health and Safety Code, is |
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| 15 | 10 | | amended to read as follows: |
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| 16 | 11 | | (a-1) The court may issue an order under this section only |
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| 17 | 12 | | if the court finds by clear and convincing evidence after the |
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| 18 | 13 | | hearing: |
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| 19 | 14 | | (1) that the patient lacks the capacity to make a |
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| 20 | 15 | | decision regarding the administration of the proposed medication |
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| 21 | 16 | | and treatment with the proposed medication is in the best interest |
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| 22 | 17 | | of the patient; or |
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| 23 | 18 | | (2) if the patient was ordered to receive inpatient |
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| 24 | 19 | | mental health services by a criminal court with jurisdiction over |
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| 25 | 20 | | the patient, that treatment with the proposed medication is in the |
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| 26 | 21 | | best interest of the patient and [either]: |
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| 27 | 22 | | (A) the patient presents a danger to the patient |
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| 28 | 23 | | or others in the inpatient mental health facility in which the |
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| 29 | 24 | | patient is being treated as a result of a mental disorder or mental |
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| 30 | 25 | | defect as determined under Section 574.1065; [or] |
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| 31 | 26 | | (B) the patient: |
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| 32 | 27 | | (i) has remained confined in a correctional |
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| 33 | 28 | | facility, as defined by Section 1.07, Penal Code, for a period |
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| 34 | 29 | | exceeding 72 hours while awaiting transfer for competency |
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| 35 | 30 | | restoration treatment; and |
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| 36 | 31 | | (ii) presents a danger to the patient or |
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| 37 | 32 | | others in the correctional facility as a result of a mental disorder |
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| 38 | 33 | | or mental defect as determined under Section 574.1065; or |
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| 39 | 34 | | (C) the patient lacks the capacity to make a |
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| 40 | 35 | | decision regarding the administration of the proposed medication. |
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| 41 | 36 | | SECTION 2. This Act takes effect September 1, 2017. |
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