Bill Text: TX HB2743 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to procedures regarding the court-ordered administration of psychoactive medication for criminal defendants who are found incompetent to stand trial.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-04-24 - Left pending in committee [HB2743 Detail]

Download: Texas-2023-HB2743-Introduced.html
  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.
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