Bill Text: TX HB211 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to resuming a criminal case after a defendant is determined to be competent to stand trial.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2015-06-19 - Effective immediately [HB211 Detail]

Download: Texas-2015-HB211-Enrolled.html

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H.B. No. 211

AN ACT
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) [46B.084(a)], the court shall provide copies
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 [On the] return [of a
defendant] to the court, the court shall make a determination with
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) [(a)], the
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 [may] be resumed not later than the 14th day
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