Video & Transcript Research : 'incapacitated'

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OK

Oklahoma 2026 Regular Session

Elections and Ethics Feb 9th, 2026

Elections and Ethics

Summary: The Ethics and Elections Committee heard several election-related bills. HB 2938, as amended by PCS, would restrict certain overseas voters who are not military or dependents from voting in Oklahoma state and local elections unless they were bona fide residents with an intent to return, while still preserving federal voting rights where applicable. The Secretary of the State Election Board explained the measure as a tightening of existing law and said counties would flag affected voters for federal-only absentee ballots. After questions about how intent would be determined and how ballots would be administered, the committee passed the bill 5-1. HB 2939 would remove outdated references to fax machines from election law at the request of the State Election Board. Testimony noted fax returns are now rare, limited to a very small number of military and overseas voters, and are less secure than current electronic and mail options. The committee passed the bill 6-0. HB 3306, as amended, lowers the threshold for requiring a candidate committee filing from $1,000 to $400, with the author describing it as a transparency measure to ensure more candidates disclose fundraising and spending. The committee passed that bill 6-0. The committee also passed HB 3722, with a PCS clarifying that voter registration applicants must actively choose a party affiliation rather than being defaulted to unaffiliated if they leave the field blank. The bill passed 5-1. HB 413, with an amendment, clarified that people with felony convictions regain voting rights once all incarceration, parole, supervision, probation, and related obligations, including fines and fees, are completed; the committee passed it 6-0. Finally, HB 4123, which would bar former school employees terminated for cause from running for school board in the same district, drew concerns about fairness and the breadth of “for cause.” The author said the bill was aimed at serious misconduct cases and agreed to work on clarifying language, and the bill was laid over until the next week.
OK

Oklahoma 2026 Regular Session

Government Oversight Feb 26th, 2026

Government Oversight

Summary: The committee opened with prayer and then took up several bills, beginning with HB 3057, a government efficiency cleanup measure that removes more than 50 obsolete statutory report requirements. A member raised a concern that the bill might inadvertently remove language related to a child abuse response team, and the sponsor said that would be corrected before floor consideration. HB 3057 was then approved 14-0 and sent to the floor. Members then debated HB 313, which prohibits state funds from being used for gender reassignment surgeries. The sponsor said the bill is intended to ensure taxpayer dollars are not used for such procedures, while opponents argued it goes beyond funding restrictions and could affect adults, referrals, private conversations, and medical judgment. Supporters framed it as protecting children and public funds. After debate, the bill passed 16-3. The committee also approved HB 4113, clarifying that people with felony convictions regain voting rights after completing incarceration, parole, supervision, and probation, and HB 3310, the Agency Accountability and Budget Transparency Act, both by 15-0 votes. The committee next considered HB 3314, a county-option marijuana public safety impact fee allowing a 15% tax on retail marijuana sales. Questions focused on the 5% petition threshold and who should initiate the tax request, and the sponsor said he was open to changes. The bill passed 12-3. Members then debated HB 3985, which would create a private cause of action against certain large municipalities, mainly in the two largest metro areas, for failing to enforce laws related to issues such as camping, loitering, and panhandling. Opponents said it intrudes on municipal home rule and could raise constitutional issues; supporters said it would encourage cities to enforce their own laws. It also passed 12-3. Finally, the committee approved HB 4486, authorizing a Gold Star Family Memorial Monument funded by the Woody Williams Foundation, after discussion about how it fits with existing veterans memorials at the Capitol. The bill passed 14-0. The chair announced the committee would meet again on Tuesday and then adjourned.
TX

Texas 89th Regular

Jurisprudence Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • Chairman and members, Senate Bill 1760 relates to guardianships for persons who are incapacitated, changing
  • Chairman and members, Senate Bill 1760 relates to guardianships for persons who are incapacitated, changing
Summary: The committee heard several probate, family law, judicial, property, and contract-related bills. Senate Bill 1335, relating to decedents’ estates, would remove outdated references to a clerk’s certificate, allow courts to remove personal representatives on their own motion with notice by qualified delivery method, and add independent administrators to provisions that referenced only independent executors; an estate-planning attorney testified in support, and the bill was left pending. Senate Bill 1760, concerning guardianship transfer fees and procedures, was described as setting a $45 filing fee for transferred guardianship cases and clarifying completion and dismissal procedures; it received no testimony and was left pending. Senate Bill 2127 would shorten the eligibility period for retired judges to serve as visiting judges from eight years to six, restrict practice in their assigned region for two years, and require conflict-related certification; it also was left pending without testimony. Senate Bill 302 would shift the cost of a traveling probate judge to the requesting estate or parties rather than the county; one witness registered in favor, no one testified, and the bill was left pending. The committee then considered a committee substitute for Senate Bill 252, which would clarify the parental presumption in conservatorship cases, require non-parents seeking relief against a parent to file an affidavit showing significant impairment to the child if relief is denied, require courts to state specific findings when overcoming the presumption, confirm the clear-and-convincing standard, and clarify that agreed prior orders do not defeat the presumption. The substitute was explained as consensus language from a work group, public testimony was reopened, and the bill was left pending. Senate Bill 1734, on deed fraud, would create a streamlined ex parte process for property owners to have fraudulent deeds declared void, modeled on the fraudulent lien statute; county clerk and title association representatives testified that it would provide a low-cost self-help remedy for a growing problem, and the bill was left pending subject to the chair. Senate Bill 1975 would prevent Texas contractors from being forced to litigate disputes in foreign jurisdictions and require disputes to be handled in the county where the project is located; it was presented as a repeat of a previously vetoed bill and was left pending. Finally, the committee took up a substitute for Senate Bill 1940, concerning transfer-on-death style beneficiary designations for manufactured homes. The substitute would allow one or more beneficiaries instead of only one, transfer the interest to surviving designated beneficiaries who survive by 120 hours, extend the application period for transfer to 365 days, void the designation if not timely filed, and require mailing by certified or registered mail with return receipt requested. The substitute was adopted without objection. The committee then recessed subject to the call of the chair.
OK

Oklahoma 2026 Regular Session

Judiciary Apr 14th, 2026

Judiciary

Summary: The Senate Judiciary Committee met with a quorum and took up a long series of House bills, hearing brief author presentations and mostly no opposition. Early measures advanced included HB 3040, HB 414, HB 1638, HB 3298, HB 4113, HB 1082, HB 4301, and HB 3269. These bills addressed topics such as firearm theft penalties, county jail public trust eligibility for funding, child interviews in family law cases, voter registration eligibility for convicted felons, a presumption of joint custody, enforcement of VA loan amendatory-clause protections, and electronic transmission of arrest warrants. The committee also advanced HB 3587 on court-ordered outpatient treatment after several questions about how it relates to mental health and criminal proceedings, HB 4226 on judge disqualification procedures, HB 4324 on district attorney authority to adjust sentences, HB 4339 on notice timing in summary administration, and HB 3278 on Open Meeting Act enforcement through consent orders. HB 3996, requiring the indigent defense system to pay for evidence and experts in capital cases, also passed after a motion to restore title. HB 4236, the Uniform Commercial Receivership Act, and HB 4352, the Uniform Mortgage Modification Act, were likewise advanced. One bill drew more extended discussion: HB 4342, which allows prior instances of domestic violence abuse to be admitted as evidence in court proceedings. Senators questioned why propensity evidence would be allowed in domestic violence cases but not property crimes; the author and chair explained it was intended to give the court a fuller picture in domestic violence matters and noted disclosure requirements. The committee also clarified that the bill’s title had a scrivener’s error. HB 4342 ultimately advanced on a 6-1 vote, while the other measures reported in the transcript passed unanimously or with no recorded opposition. The meeting concluded with the chair noting upcoming Judiciary meetings and adjournment.
HI

Hawaii 2025 Regular Session

PBS Info Briefing - Mon Oct 6, 2025 @ 10:00 AM HST

Hawaii House Floor Meeting

Transcript Highlights:
  • However, for people who are sick and elderly or incapacitated in their own bodies, this number drops
  • c><00:13:50.160><c> and</c> of their acute medical needs and of their acute medical needs and incapacitation
  • . incapacitation. incapacitation.
  • Thank you for those of us who’ve actually been with a dying family member and witnessed their incapacitation
  • and they don't want an incapacitated and they don't want an intervention intervention intervention um
Keywords: 910, house, all
Summary: The Committee on Public Safety held an informational briefing on best practices for medical or compassionate release programs used by correctional systems nationwide and how Hawaii’s current approach compares. Kristen Johnson of the Hawaii Correctional System Oversight Commission introduced Molly Crane of Families for Justice Reform, noting that the commission, the Department of Corrections and Rehabilitation, and the Hawaii Paroling Authority have all been involved in developing proposed legislation, though the bill itself was written by community advocate Bob Merse. Crane described FAM’s work on justice reform and said the group has studied compassionate release programs across the country, including federal reforms, to help Hawaii align with best practices. Crane argued that compassionate release is intended for people who are too ill or cognitively impaired to pose a public-safety risk and who are often the most expensive and resource-intensive people to incarcerate. She said Hawaii is the only state without a compassionate release statute and currently relies on an agency policy, which she described as complex and slow. She cited examples of severe medical cases in custody, including people with advanced dementia, multiple sclerosis, kidney failure, and hospice needs, and said the burden on correctional medical staff, overtime, off-site transport, and specialized care can consume a disproportionate share of staff time and state resources. She also said the recidivism rate for this population is under 1 percent, citing Vera Institute research. Members asked about the source of the recidivism figure, how a statute would streamline the process, and why the issue had not advanced in the past. Crane said the proposed bill would reduce layers in the process by moving cases from the medical director to the director and then to the Hawaii Paroling Authority, with a target timeline of about 30 business days from petition to hearing. Johnson said prior efforts failed in part because the agencies most affected were not included early in drafting and revision, and she said one attempt was vetoed, another was removed in conference committee, and another passed one chamber but did not advance. Johnson also explained that incarcerated people’s medical care is paid entirely by the Department of Corrections and Rehabilitation, with no private insurance or Medicaid/Medicare coverage while incarcerated, making severe cases a direct burden on state funds. No votes or formal actions were taken because the briefing was informational only.
AZ

Arizona 2026 Regular Session

06/02/2026 - Senate Ad Hoc Committee on Elder Abuse

Senate Ad Hoc Committee on Elder Abuse

Transcript Highlights:
  • And somehow, I'm considered incapacitated by the court, so I can't control my money.
  • My revocable trust allowed me to spend assets as I wish, even though Charlotte was incapacitated.
  • I was deemed incapacitated by the courts.
  • You know, the director of where he was at, I said, ‘Who wrote this, he’s incapacitated?
  • So honored the 2019 and 2020 trust amendments because my father was not incapacitated.
Keywords: 1182, all
MA

Massachusetts 2025-2026 Regular Session

Joint Committee on Children, Families and Persons with Disabilities Jun 21st, 2026 at 01:00 pm

Joint Committee on Children, Families and Persons with Disabilities

Transcript Highlights:
  • Bill 253, an act establishing guardians as providers of medical care to support the rights of incapacitated
  • individuals, which would To support the rights of incapacitated individuals, which would pay guardians
  • through MassHealth to support and provide care for incapacitated people.
  • individuals, which would to support the rights of incapacitated individuals which would pay guardians
  • through MassHealth to support and provide care for incapacitated people we often refer to this population
Keywords: 995, all
Summary: The Joint Committee on Children, Families and Persons with Disabilities held a hearing on a broad slate of disability-related bills. Topics included creating a permanent Acquired Brain Injury Advisory Board (H. 231/S. 134), establishing a system for compensating guardians who serve incapacitated, unbefriended individuals through MassHealth (H. 253/S. 154), expanding Nikki’s Law to require MassHealth day habilitation programs to use the abuse registry (S. 165 and related bills), modernizing and streamlining the Disabled Persons Protection Commission’s statute and procedures (H. 243/S. 139), updating the definition of developmental disability to align more closely with federal law and include people such as those with fetal alcohol spectrum disorder (H. 276/S. 150), removing outdated and offensive terminology from the General Laws (H. 232/S. 137), and an autism education reform bill (H. 286). Several bills had no sign-ups, and the committee also noted related measures on cueing and prompting in PCA programs (H. 277/S. 157).
AZ

Arizona 2026 Regular Session

01/26/2026 - Senate Federalism

Senate Federalism Committee of Reference

Transcript Highlights:
  • If somebody, for example, has a stroke or has dementia, suddenly they're incapacitated; they're not dead
  • yet, so they could be elected as an incapacitated adult.
  • I'll have to ask the sponsor of the bill if she'd be open to amending to add incapacitation, but would
  • Chairman, ...to add incapacitation, but would you have an objection to that?
  • It is indeed up to the candidate to withdraw, and depending upon how bad it gets for the incapacitation
Keywords: 1182, all
TX

Texas 89th 2nd C.S.

Jurisprudence Mar 19th, 2025

Jurisprudence

Transcript Highlights:
  • Courts can appoint a guardian ad litem only for someone already found to be incapacitated, which... .
  • ..appoint a guardian ad litem only for someone already found to be incapacitated, which may delay legal
  • limit the training requirement to guardians of persons 60 or older or those partially or fully incapacitated
  • any person who is to serve as a guardian of the person of a ward whom the court finds to be an incapacitated
  • or partially incapacitated adult due to a diagnosed neurological condition such as Alzheimer's disease
Summary: The committee first adopted its rules, which were distributed in the same form as the prior session’s rules. Members then took up several bills, beginning with SB 711, an HOA/condominium association bill that would extend and conform property-owner protections to condominium associations; the bill’s author and a Community Associations Institute representative testified in support, and the bill was left pending. SB 942 would allow child support and certain prenatal/postnatal medical expenses to be calculated from the date of conception rather than birth; it drew supportive testimony from the Texas Public Policy Foundation and the Attorney General’s Child Support Division, and was also left pending after testimony. SB 1448, an estates and probate cleanup bill, would require transfer of original wills by qualified delivery, add notice and electronic-order requirements for statutory probate courts, and make other clarifications; it received supportive testimony from the Texas Real Estate and Probate Institute and was left pending. The committee also heard SB 1403, the Attorney General’s Title IV-D child support modernization bill, which updates notice, review, remote-hearing, and administrative-process provisions and clarifies several enforcement and evidence rules; the AG’s office testified that it would improve efficiency, and the bill remained pending. SB 1404 would allow courts to require an email address in final SAPCR orders when other contact information is nondisclosed and clarify service and judgment requirements; the Attorney General’s office described it as a good-government measure, and it was left pending. SB 1559 would require transfer of protective orders into divorce or custody cases to avoid conflicting orders; family-law practitioners and a family court judge testified that it would resolve longstanding conflicts identified by multiple courts of appeals, and the bill remained pending. Finally, the committee considered SB 746, a guardianship bill that would address conflicts of interest in guardianship proceedings, allow guardian ad litem appointment earlier in the process, and require timely court action on annual guardianship reports and accounts; a committee substitute would remove some provisions and extend a reporting deadline from 20 to 30 days. TREP supported the bill, and one practitioner suggested requiring courts to state reasons when rejecting annual accounts. SB 1536 would require dementia and Alzheimer’s training for certain family guardians, with a committee substitute narrowing the scope and reducing the training time from three hours to one; the Alzheimer’s Association supported the measure and the substitute, and the bill was left pending. No bills were voted out of committee during the meeting.