HB0020 • 2009

Criminal procedure-administration of antipsychotic drugs.

AN ACT relating to criminal procedure; providing standards for the involuntary administration of antipsychotic medications to a mentally ill person accused of a serious crime; requiring findings; and providing for an effective date.

Crime Healthcare

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: M Hlth & Sa
Last action: 2009-02-25
Official status: enrolled
Effective date: 7/1/2009

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0020S2001

2nd reading • DECARIA

Adopted

Plain English: Adopted 2nd reading by DECARIA

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0020SS001

Standing Committee • ROSS

Adopted

Plain English: Adopted Standing Committee by ROSS

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2009-02-25 LSO
Assigned Chapter Number - 32
2009-02-25 Governor
Governor Signed HEA No. 0014
2009-02-23 Senate
S President Signed HEA No. 0014
2009-02-20 House
H Speaker Signed HEA No. 0014
2009-02-18 LSO
Assigned Number HEA No. 0014
2009-02-18 House
H Did Concur
2009-02-17 House
H Received for Concurrence
2009-02-17 Senate
S Passed 3rd Reading
2009-02-13 Senate
S Passed 2nd Reading
2009-02-13 Senate
Amendment Adopted
2009-02-12 Senate
S Passed CoW
2009-02-12 Senate
S Amendments Adopted
2009-02-12 Senate
Amendment Adopted
2009-01-30 Senate
S Placed on General File
2009-01-30 Senate
S01 Recommended Amend and Do Pass
2009-01-26 Senate
S Introduced and Referred to S01
2009-01-22 Senate
S Received for Introduction
2009-01-22 House
H Passed 3rd Reading
2009-01-21 House
H Passed 2nd Reading
2009-01-20 House
H Passed CoW
2009-01-19 House
H Placed on General File
2009-01-19 House
H01 Recommended Do Pass
2009-01-13 House
H Introduced and Referred to H01
2009-01-13 House
H Received for Introduction
2008-12-02 LSO
Bill Number Assigned

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0020

ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
criminal procedure; providing standards for the involuntary

administration of antipsychotic medications to a mentally ill person accused of a serious crime; requiring findings;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 7
‑
11
‑
303(e) is amended to read:

7
‑
11
‑
303.

Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections.

(e)

If the initial report contains the recommendation that the accused should be held in a designated facility pending determination of the issue of mental fitness to proceed, the court may order that the accused be committed to or held in a designated facility pending determination of mental fitness to proceed.
The court may order the involuntary administration of antipsychotic medications to a person accused of a serious crime as defined in W.S. 7
‑
6
‑
102(a)(v) to render the accused competent to stand trial, provided the court finds:

(i)

There are important governmental interests at stake including, but not limited to:

(A)

Bringing the accused to trial;

(B)

Timely prosecution;

(C)

Assuring the accused has a fair trial.

(ii)

The involuntary administration of antipsychotic medications will significantly further the governmental interest and the
administration
of the medicati
on is
:

(A)

Substantially likely to render the accused competent to stand trial; and

(B)

Substantially unlikely to have side effects that will interfere significantly with the ability

of the accused to assist counsel in conducting a trial defense, thereby rendering the trial unfair.

(iii)

That any alternative and less intrusive treatments are unlikely to achieve substantially the same results; and

(iv)

The administration
pursuant to a prescription by a licensed psychiatrist
of the antipsychotic medications is medically appropriate and is in the best medical interests of the accused in light of the accused's medical condition.

Section 2
.
This act is effective July 1, 2009
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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