Bill Text: TX HB2573 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to making certain incompetency proceedings available for proceedings held to revoke community supervision granted to a defendant in a criminal case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-29 - Left pending in committee [HB2573 Detail]
Download: Texas-2013-HB2573-Introduced.html
83R2382 KEL-F | ||
By: McClendon | H.B. No. 2573 |
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relating to making certain incompetency proceedings available for | ||
proceedings held to revoke community supervision granted to a | ||
defendant in a criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.002, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.002. APPLICABILITY. (a) This chapter applies | ||
only to the criminal prosecution of a defendant who is charged with | ||
a felony or with a misdemeanor punishable by confinement and | ||
includes any proceedings in the case that relate to a revocation of | ||
deferred adjudication community supervision under Section 5(b), | ||
Article 42.12. | ||
(b) Notwithstanding Subsection (a), the procedures provided | ||
by this chapter are also available with respect to proceedings that | ||
are held under Section 21, Article 42.12, to revoke the community | ||
supervision of a defendant who, after restoration of the | ||
defendant's competency, was convicted on a felony or misdemeanor | ||
charge described by Subsection (a). | ||
SECTION 2. Article 46B.079, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e)(1) This subsection applies only to a defendant who is | ||
subject to this chapter under Article 46B.002(b) and who, | ||
immediately before the most recent determination of incompetency | ||
under this chapter, was serving a term of community supervision | ||
after conviction of a felony offense. | ||
(2) For each defendant to whom this subsection | ||
applies, the head of the facility or outpatient treatment program | ||
provider, as appropriate, shall provide notice under Subsection (a) | ||
or (b) to the community supervision and corrections department | ||
responsible for supervising the defendant. The notice must be | ||
provided at the same time the notice is provided to the court under | ||
those subsections. | ||
SECTION 3. 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, 2013. |