TITLE: Relating to the authority of a judge to compel a criminal defendant who lacks capacity to take psychoactive medication.

SUMMARY: Relating to the authority of a judge to compel a criminal defendant who lacks capacity to take psychoactive medication.

FULL TEXT:
AN ACT relating to the authority of a judge to compel a criminal defendant who lacks capacity to take psychoactive medication. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 574.106(a-1), Health and Safety Code, is amended to read as follows: (a-1) The court may issue an order under this section only if the court finds by clear and convincing evidence after the hearing: (1) that the patient lacks the capacity to make a decision regarding the administration of the proposed medication and treatment with the proposed medication is in the best interest of the patient; or (2) if the patient was ordered to receive inpatient mental health services by a criminal court with jurisdiction over the patient, that treatment with the proposed medication is in the best interest of the patient and [either]:(A) the patient presents a danger to the patient or others in the inpatient mental health facility in which the patient is being treated as a result of a mental disorder or mental defect as determined under Section 574.1065; [or] (B) the patient: (i) has remained confined in a correctional facility, as defined by Section 1.07, Penal Code, for a period exceeding 72 hours while awaiting transfer for competency restoration treatment; and (ii) presents a danger to the patient or others in the correctional facility as a result of a mental disorder or mental defect as determined under Section 574.1065;or (C) the patient lacks the capacity to make a decision regarding the administration of the proposed medication.SECTION 2. This Act takes effect September 1, 2017.