| 1 | 1 | | 89R2133 CJD-F |
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| 2 | 2 | | By: Jones of Harris H.B. No. 899 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the administration of medication to certain persons in |
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| 10 | 10 | | the custody of a sheriff. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 46B.0825, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Subsections (a) and (b) and adding Subsection |
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| 14 | 14 | | (a-1) to read as follows: |
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| 15 | 15 | | (a) A sheriff or sheriff's deputy having custody of a |
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| 16 | 16 | | defendant discharged from a facility, jail-based competency |
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| 17 | 17 | | restoration program, or outpatient competency restoration program |
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| 18 | 18 | | [for transportation as required by Article 46B.0805 or 46B.082 or |
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| 19 | 19 | | during proceedings described by Article 46B.084] shall, according |
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| 20 | 20 | | to information available at the time and unless directed otherwise |
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| 21 | 21 | | by a physician treating the defendant: |
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| 22 | 22 | | (1) [,] ensure that the defendant is provided with the |
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| 23 | 23 | | types and dosages of medication prescribed for the defendant; and |
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| 24 | 24 | | (2) in accordance with applicable law, compel the |
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| 25 | 25 | | defendant to take all prescribed medication to ensure the |
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| 26 | 26 | | defendant's continuity of care. |
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| 27 | 27 | | (a-1) If a defendant described by Subsection (a) is being |
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| 28 | 28 | | treated with a psychotropic medication at the time the defendant is |
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| 29 | 29 | | discharged, the sheriff or sheriff's deputy shall ensure that |
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| 30 | 30 | | administration of the medication continues unless directed |
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| 31 | 31 | | otherwise by the physician for the jail. The jail physician must |
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| 32 | 32 | | appropriately document the need for any discontinuation or other |
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| 33 | 33 | | change in the use or amount of medication after consulting with the |
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| 34 | 34 | | physician who treated the defendant at the facility or program to |
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| 35 | 35 | | ensure that the change does not adversely affect the defendant's |
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| 36 | 36 | | mental health or ability to continue with court proceedings. |
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| 37 | 37 | | (b) The commission shall reimburse [To the extent funds are |
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| 38 | 38 | | appropriated for that purpose,] a sheriff for the cost of [is |
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| 39 | 39 | | entitled to reimbursement from the state for] providing the |
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| 40 | 40 | | medication required by this article [Subsection (a)]. |
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| 41 | 41 | | SECTION 2. Article 46B.0825(c), Code of Criminal Procedure, |
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| 42 | 42 | | is repealed. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2025. |
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