Texas 2023 - 88th Regular

Texas House Bill HB2743 Compare Versions

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1	1	88R4783 EAS-F
2	2	By: Smith H.B. No. 2743
3	3
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures regarding the court-ordered administration
8	8	of psychoactive medication for criminal defendants who are found
9	9	incompetent to stand trial.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 46B.086(a) and (b), Code of Criminal
12	12	Procedure, are amended to read as follows:
13	13	(a) This article applies only to a defendant:
14	14	(1) who is determined under this chapter to be
15	15	incompetent to stand trial;
16	16	(2) who either:
17	17	(A) remains confined in a correctional facility,
18	18	as defined by Section 1.07, Penal Code, for a period exceeding 72
19	19	hours while awaiting transfer to an inpatient mental health
20	20	facility, a residential care facility, or an outpatient competency
21	21	restoration program;
22	22	(B) is committed to an inpatient mental health
23	23	facility, a residential care facility, or a jail-based competency
24	24	restoration program for the purpose of competency restoration;
25	25	(C) is confined in a correctional facility while
26	26	awaiting further criminal proceedings following competency
27	27	restoration; or
28	28	(D) is subject to Article 46B.072, if the court
29	29	has made the determinations required by Subsection (a-1) of that
30	30	article; and
31	31	(3) for whom a correctional facility or jail-based
32	32	competency restoration program that employs or contracts with a
33	33	licensed psychiatrist, an inpatient mental health facility, a
34	34	residential care facility, or an outpatient competency restoration
35	35	program provider has prepared a continuity of care plan that
36	36	requires the defendant to take psychoactive medications[; and
37	37	[(4) who, after a hearing held under Section 574.106
38	38	or 592.156, Health and Safety Code, if applicable, has been found to
39	39	not meet the criteria prescribed by Sections 574.106(a) and (a-1)
40	40	or 592.156(a) and (b), Health and Safety Code, for court-ordered
41	41	administration of psychoactive medications].
42	42	(b) If a defendant described by Subsection (a) refuses to
43	43	take psychoactive medications as required by the defendant's
44	44	continuity of care plan, the director of the facility or the program
45	45	provider, as applicable, shall notify the court in which the
46	46	criminal proceedings are pending of that fact not later than the end
47	47	of the next business day following the refusal. The court shall
48	48	promptly notify the attorney representing the state and the
49	49	attorney representing the defendant of the defendant's refusal.
50	50	The attorney representing the state may file a written motion to
51	51	compel medication. The motion to compel medication must be filed
52	52	not later than the 15th day after the date the court notifies the
53	53	attorney representing the state of the defendant's refusal [a judge
54	54	issues an order stating that the defendant does not meet the
55	55	criteria for court-ordered administration of psychoactive
56	56	medications under Section 574.106 or 592.156, Health and Safety
57	57	Code], except that[, for a defendant in an outpatient competency
58	58	restoration program,] the motion may be filed at any time for a
59	59	defendant in an outpatient competency restoration program.
60	60	SECTION 2. The change in law made by this Act relating to a
61	61	court order for psychoactive medication applies to an order issued
62	62	on or after the effective date of this Act. An order issued before
63	63	that date is governed by the law as it existed immediately before
64	64	the effective date of this Act, and the former law is continued in
65	65	effect for that purpose.
66	66	SECTION 3. This Act takes effect September 1, 2023.