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Wyoming2009Enacted

HB0020

Standards for Involuntary Antipsychotic Medication in Criminal Cases

Last scannedOct 19, 2026, 2:19 AM

In one sentence

This law allows courts to order mentally ill people accused of serious crimes to take antipsychotic medications if specific legal and medical requirements are met.

What it does

  • Allows a court to order the involuntary administration of antipsychotic medications to a person accused of a serious crime.
  • Requires the court to find that the medication is substantially likely to render the accused competent to stand trial.
  • Requires the court to find that the medication is substantially unlikely to have side effects that significantly interfere with the accused's ability to assist counsel.
  • Requires the court to find that alternative and less intrusive treatments are unlikely to achieve substantially the same results.
  • Requires that the medication be administered pursuant to a prescription by a licensed psychiatrist and be medically appropriate for the accused.

Who it affects

  • Mentally ill persons accused of serious crimes as defined in Wyoming law.
  • Courts handling criminal cases involving mental fitness.
  • Licensed psychiatrists who prescribe the medications.

Limits and unknowns

  • The law applies only to people accused of serious crimes as defined in W.S. 7-6-102(a)(v).
  • The court must make specific findings regarding governmental interests, likelihood of success, side effects, and alternatives before ordering medication.
  • The law requires the medication to be in the best medical interests of the accused in light of their medical condition.

Plain language

Terms to know

Competent to stand trial
The legal ability of a person to understand the charges and work with their lawyer, which the medication is intended to restore.
Involuntary administration
Giving medication to a person who does not consent to taking it, as ordered by a court.
Serious crime
A specific category of offenses defined in Wyoming statute W.S. 7-6-102(a)(v).

Official record

Sources

Source checked
Read the official summary

Bill No.: <billno> Drafter: <drafterinit> Bill No.: HB0020 Drafter: JHR LSO No.: 09LSO-0068 Effective Date: 7/1/2009 Enrolled Act No.: HEA0014 Chapter No.: 32 Prime Sponsor: Select Committee on Mental Health and Substance Abuse Services Catch Title: Criminal procedure-administration of antipsychotic drugs. Subject: Provides standards for the involuntary administration of antipsychotic drugs to a mentally ill person accused of a serious crime. Summary/Major Elements: The Wyoming State Hospital often keeps mentally ill persons accused of a serious crime for extended periods of time because the accused person refuses to take antipsychotic medications that could render the person fit to stand trial. This bill authorizes a court to order the involuntary administration of antipsychotic medications to render an accused competent to stand trial if the court makes specified findings, including the administration of the medication: Will further the governmental interests of bringing the accused to trail for a timely prosecution and to assure a fair trial; Will substantially improve the likelihood that the accused will be competent to stand trial; Will be substantially unlikely to interfere with the accused's ability to assist counsel in conducting a defense at trial; May be as good, or better than, alternative and less intrusive treatments to achieve substantially the same results. The bill also requires that the antipsychotic drugs be administered pursuant to a prescription from a licensed psychiatrist and the medications be medically appropriate and in the best interests of the accused in light of his medical condition.

Public statements

Why lawmakers voted

Last checked Aug 8, 8:45 AM

Voted Yes

Why they voted this way

The lawmaker supports the bill because Senate amendments clarified that drug administration follows a prescription by a licensed psychiatrist rather than requiring the psychiatrist to personally administer every dose.

Public statementFloor statement at 1:07:56 Watch the statement
Voted No

Why they voted this way

The lawmaker opposes the bill due to concerns about privacy and constitutional issues, noting that psychiatry is more of an art than a science. They fear the process could lead to forced medication without adequate safeguards for personal rights.

Public statementFloor statement at 32:42 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the bill because medicating incompetent individuals allows them to regain competency and proceed with their legal cases, potentially leading to release from commitment.

Public statementFloor statement at 34:38 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

5 roll calls

H Did Concur 56-3-1-0-02009-02-18 · House56 yes 3 no
S Passed 3rd Reading 24-5-1-0-02009-02-17 · Senate24 yes 5 no
S01 Recommended Amend and Do Pass 4-0-1-0-02009-01-30 · Senate4 yes 0 no
H Passed 3rd Reading 51-8-1-0-02009-01-22 · House51 yes 8 no
H01 Recommended Do Pass 6-3-0-0-02009-01-19 · House6 yes 3 no

Official activity

Bill history

  1. Assigned Chapter Number - 32LSO
  2. Governor Signed HEA No. 0014Governor
  3. S President Signed HEA No. 0014Senate
  4. H Speaker Signed HEA No. 0014House
  5. Assigned Number HEA No. 0014LSO
  6. H Did ConcurHouse
  7. H Received for ConcurrenceHouse
  8. S Passed 3rd ReadingSenate
  9. S Passed 2nd ReadingSenate
  10. Amendment AdoptedSenate
  11. S Passed CoWSenate
  12. S Amendments AdoptedSenate
  13. Amendment AdoptedSenate
  14. S Placed on General FileSenate
  15. S01 Recommended Amend and Do PassSenate
  16. S Introduced and Referred to S01Senate
  17. S Received for IntroductionSenate
  18. H Passed 3rd ReadingHouse
  19. H Passed 2nd ReadingHouse
  20. H Passed CoWHouse

Changes

Amendments

2 stored

HB0020S2001

Adopted 2nd reading by DECARIA

HB0020SS001

Adopted Standing Committee by ROSS