88R4783 EAS-F
By: Smith H.B. No. 2743
A BILL TO BE ENTITLED
AN ACT
relating to procedures regarding the court-ordered administration
of psychoactive medication for criminal defendants who are found
incompetent to stand trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 46B.086(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) This article applies only to a defendant:
(1) who is determined under this chapter to be
incompetent to stand trial;
(2) who either:
(A) remains confined in a correctional facility,
as defined by Section 1.07, Penal Code, for a period exceeding 72
hours while awaiting transfer to an inpatient mental health
facility, a residential care facility, or an outpatient competency
restoration program;
(B) is committed to an inpatient mental health
facility, a residential care facility, or a jail-based competency
restoration program for the purpose of competency restoration;
(C) is confined in a correctional facility while
awaiting further criminal proceedings following competency
restoration; or
(D) is subject to Article 46B.072, if the court
has made the determinations required by Subsection (a-1) of that
article; and
(3) for whom a correctional facility or jail-based
competency restoration program that employs or contracts with a
licensed psychiatrist, an inpatient mental health facility, a
residential care facility, or an outpatient competency restoration
program provider has prepared a continuity of care plan that
requires the defendant to take psychoactive medications[; and
[(4) who, after a hearing held under Section 574.106
or 592.156, Health and Safety Code, if applicable, has been found to
not meet the criteria prescribed by Sections 574.106(a) and (a-1)
or 592.156(a) and (b), Health and Safety Code, for court-ordered
administration of psychoactive medications].
(b) If a defendant described by Subsection (a) refuses to
take psychoactive medications as required by the defendant's
continuity of care plan, the director of the facility or the program
provider, as applicable, shall notify the court in which the
criminal proceedings are pending of that fact not later than the end
of the next business day following the refusal. The court shall
promptly notify the attorney representing the state and the
attorney representing the defendant of the defendant's refusal.
The attorney representing the state may file a written motion to
compel medication. The motion to compel medication must be filed
not later than the 15th day after the date the court notifies the
attorney representing the state of the defendant's refusal [a judge
issues an order stating that the defendant does not meet the
criteria for court-ordered administration of psychoactive
medications under Section 574.106 or 592.156, Health and Safety
Code], except that[, for a defendant in an outpatient competency
restoration program,] the motion may be filed at any time for a
defendant in an outpatient competency restoration program.
SECTION 2. The change in law made by this Act relating to a
court order for psychoactive medication applies to an order issued
on or after the effective date of this Act. An order issued before
that date is governed by the law as it existed immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.