Bill Text: TX HB211 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to resuming a criminal case after a defendant is determined to be competent to stand trial.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-19 - Effective immediately [HB211 Detail]
Download: Texas-2015-HB211-Enrolled.html
H.B. No. 211 |
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relating to resuming a criminal case after a defendant is | ||
determined to be competent to stand trial. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.079(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) When the head of the facility or outpatient treatment | ||
program provider gives notice to the court under Subsection (a) or | ||
(b), the head of the facility or outpatient treatment program | ||
provider also shall file a final report with the court stating the | ||
reason for the proposed discharge under this chapter and including | ||
a list of the types and dosages of medications prescribed for the | ||
defendant while the defendant was in the facility or participating | ||
in the outpatient treatment program. To enable any objection to | ||
the findings of the report to be made in a timely manner under | ||
Article 46B.084(a-1) [ |
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of the report to the attorney representing the defendant and the | ||
attorney representing the state. | ||
SECTION 2. Article 46B.084, Code of Criminal Procedure, is | ||
amended by amending Subsections (a), (b), and (d) and adding | ||
Subsections (a-1) and (d-1) to read as follows: | ||
(a)(1) Not later than the next business day following the | ||
return of a defendant to the court, the court shall notify the | ||
attorney representing the state and the attorney for the defendant | ||
regarding the return. Within three business days of the date that | ||
notice is received under this subsection or, on a showing of good | ||
cause, a later date specified by the court, the attorney for the | ||
defendant shall meet and confer with the defendant to evaluate | ||
whether there is any suggestion that the defendant has not yet | ||
regained competency. | ||
(2) Notwithstanding Subdivision (1), in a county with | ||
a population of less than one million or in a county with a | ||
population of four million or more, as soon as practicable | ||
following the date of the defendant's return to the court, the court | ||
shall provide the notice required by that subdivision to the | ||
attorney representing the state and the attorney for the defendant, | ||
and the attorney for the defendant shall meet and confer with the | ||
defendant as soon as practicable after the date of receipt of that | ||
notice. | ||
(a-1)(1) Following the defendant's [ |
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regard to the defendant's competency to stand trial. The court may | ||
make the determination based on the report filed under Article | ||
46B.079(c) and on other medical information or personal history | ||
information relating to the defendant. A party may object in | ||
writing or in open court to the findings of the report not later | ||
than the 15th day after the date on which the court received | ||
notification under Article 46B.079. The court shall make the | ||
determination not later than the 20th day after the date on which | ||
the court received notification under Article 46B.079, or not later | ||
than the fifth day after the date of the defendant's return to | ||
court, whichever occurs first, regardless of whether a party | ||
objects to the report as described by this subsection and the issue | ||
is set for hearing under Subsection (b). | ||
(2) Notwithstanding Subdivision (1), in a county with | ||
a population of less than one million or in a county with a | ||
population of four million or more, the court shall make the | ||
determination described by that subdivision not later than the 20th | ||
day after the date on which the court received notification under | ||
Article 46B.079, regardless of whether a party objects to the | ||
report as described by that subdivision and the issue is set for a | ||
hearing under Subsection (b). | ||
(b) If a party objects under Subsection (a-1) [ |
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issue shall be set for a hearing. The hearing is before the court, | ||
except that on motion by the defendant, the defense counsel, the | ||
prosecuting attorney, or the court, the hearing shall be held | ||
before a jury. | ||
(d)(1) If the defendant is found competent to stand trial, | ||
on the court's own motion criminal proceedings in the case against | ||
the defendant shall [ |
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after the date of the court's determination under this article that | ||
the defendant's competency has been restored. | ||
(2) Notwithstanding Subdivision (1), in a county with | ||
a population of less than one million or in a county with a | ||
population of four million or more, on the court's own motion | ||
criminal proceedings in the case against the defendant shall be | ||
resumed as soon as practicable after the date of the court's | ||
determination under this article that the defendant's competency | ||
has been restored. | ||
(d-1) This article does not require the criminal case to be | ||
finally resolved within any specific period. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a proceeding under Chapter 46B, Code of Criminal Procedure, that | ||
commences on or after the effective date of this Act, regardless of | ||
when the defendant may have committed the underlying offense for | ||
which the defendant became subject to the proceeding. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 211 was passed by the House on May 15, | ||
2015, by the following vote: Yeas 123, Nays 3, 3 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 211 on May 29, 2015, by the following vote: Yeas 143, Nays 1, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 211 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |