1|ENGROSSED HOUSE | |BILL NO. 2137 By: Stinson of the House | 2| | | and | 3| | | Pugh of the Senate | 4| | | | 5| | | | 6| | | | 7| An Act relating to criminal procedure; amending 22 O.S. 2021, | |Section 1175.8, which relates to the resumption of competency; | 8|requiring the Department of Mental Health and Substance Abuse | |Services to provide notification to certain parties when seeking to | 9|administer medication; providing for the filing of applications for | |court orders authorizing medication; requiring applications to | 10|indicate certain information; requiring hearings to be held within | |certain time frame; providing an exception; providing list of rights | 11|for persons subject to an order requiring the administration of | |medication; requiring petitioner to provide clear and convincing | 12|evidence in application; directing the court to make specific | |findings of fact; establishing time limitations for administering | 13|medications; providing construing provision; and providing an | |effective date. | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.8, is | | | 18|amended to read as follows: | | | 19| Section 1175.8. A. If the medical supervisor reports that the | | | 20|person appears to have achieved competency after a finding of | | | 21|incompetency, the court shall hold another competency hearing to | | | 22|determine if the person has achieved competency. If competency has | | | 23|been achieved, the criminal proceedings shall be resumed. | | | 24| | | | arsid10956189 ENGR. H. B. NO. 2137 Page 1 ___________________________________________________________________________
1| B. If the Department of Mental Health and Substance Abuse | | | 2|Services or designee wishes to administer medication, including | | | 3|psychotropic medication, to a person in custody under the provisions | | | 4|of subsection A of Section 1175.6a of this title and has reason to | | | 5|believe the person lacks the capacity to consent to or refuse | | | 6|medication or the person refuses to take the medication voluntarily, | | | 7|the Department or designee shall notify the court, the prosecuting | | | 8|office who filed the criminal petition, and the attorney for the | | | 9|person. The prosecuting office or the Department or designee may, | | | 10|on behalf of the state, file an application for an order authorizing | | | 11|medication for purposes of competency restoration with the court. | | | 12|Any such application shall also seek authorization to continue | | | 13|medication for purposes of maintaining the level of restoration in | | | 14|jail following competency restoration. | | | 15| C. An application seeking authorization of medication shall | | | 16|indicate: | | | 17| 1. If the treating physician of the person believes the person | | | 18|lacks the capacity to make a decision regarding administration of | | | 19|the medication and the reasons for that belief; | | | 20| 2. A summary of the individualized treatment plan of the | | | 21|person, including the specific medications to be potentially | | | 22|administered and the corresponding dosage ranges; | | | 23| 3. The diagnosis of the person made by the treating physician; | | | 24|and | | | arsid10956189 ENGR. H. B. NO. 2137 Page 2 ___________________________________________________________________________
1| 4. The proposed method for administering the medication and, if | | | 2|the method is not customary, an explanation justifying the departure | | | 3|from the customary method. | | | 4| D. The hearing on the application shall be held no later than | | | 5|thirty (30) days after the filing of the application, unless good | | | 6|cause is shown. | | | 7| E. A person for whom an application for an order to authorize | | | 8|the administration of medication is filed is entitled to: | | | 9| 1. An attorney to represent the person at the hearing. If the | | | 10|person cannot afford an attorney, the court shall appoint an | | | 11|attorney; | | | 12| 2. Meet with the attorney as soon as is practicable to prepare | | | 13|for the hearing; | | | 14| 3. Receive, as soon as practicable after the time the hearing | | | 15|is set, a copy of the application and written notice of the time, | | | 16|place, and date of the hearing; | | | 17| 4. Notice of the right to a hearing and right to the assistance | | | 18|of an attorney to prepare for the hearing; | | | 19| 5. Be present at the hearing; | | | 20| 6. Request from the court an independent expert; and | | | 21| 7. Notification at the conclusion of the hearing of the | | | 22|determination made by the court. | | | 23| F. The administration of medication shall not be ordered unless | | | 24|the petitioning party proves by clear and convincing evidence that: | | | arsid10956189 ENGR. H. B. NO. 2137 Page 3 ___________________________________________________________________________
1| 1. There exists an important state interest that justifies | | | 2|overriding the lack of consent by the person to the administration | | | 3|of medication; | | | 4| 2. Involuntary medication is substantially likely to render the | | | 5|person competent to stand trial and substantially unlikely to have | | | 6|side effects that will interfere significantly with the ability of | | | 7|the person to assist trial counsel; | | | 8| 3. Involuntary medication is necessary to further the interests | | | 9|of the state and any alternative, less intrusive treatments are not | | | 10|likely to achieve substantially the same results; and | | | 11| 4. The administration of the medication is in the best medical | | | 12|interest of the person in light of the medical condition of the | | | 13|person. | | | 14| G. The court shall make specific findings of fact concerning: | | | 15| 1. Each consideration listed under the provisions of subsection | | | 16|F of this section; | | | 17| 2. The desires of the person regarding the proposed treatment; | | | 18|and | | | 19| 3. The capacity of the person to consent to or refuse | | | 20|medication. | | | 21| H. An order for the administration of medications entered | | | 22|following a hearing conducted pursuant to this section shall be | | | 23|effective for the period of the current involuntary commitment | | | 24|order, and any interim period during which the person is awaiting | | | arsid10956189 ENGR. H. B. NO. 2137 Page 4 ___________________________________________________________________________
1|trial or a hearing on a new petition for involuntary treatment or | | | 2|involuntary medication. The order shall specify all medications to | | | 3|be potentially involuntarily administered and corresponding dosage | | | 4|ranges. | | | 5| I. Nothing in this section shall be construed to invalidate, | | | 6|prohibit, or alter the administration of medication to a person | | | 7|under other laws or regulations of this state. | | | 8| SECTION 2. This act shall become effective November 1, 2025. | | | 9| Passed the House of Representatives the 11th day of March, 2025. | | | 10| | | | 11| | | Presiding Officer of the House | 12| of Representatives | | | 13| | | | 14| Passed the Senate the ___ day of __________, 2025. | | | 15| | | | 16| | | Presiding Officer of the Senate | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid10956189 ENGR. H. B. NO. 2137 Page 5