Bill Text: TX HB766 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the commitment of certain criminal defendants with a history of escape or flight to the maximum security unit of a mental health facility for competency restoration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-18 - Referred to Criminal Jurisprudence [HB766 Detail]
Download: Texas-2013-HB766-Introduced.html
83R1634 GCB-D | ||
By: King of Parker | H.B. No. 766 |
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relating to the commitment of certain criminal defendants with a | ||
history of escape or flight to the maximum security unit of a mental | ||
health facility for competency restoration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 46B.073(c) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(c) The [ |
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order committing the defendant to the maximum security unit of any | ||
facility designated by the department, to an agency of the United | ||
States operating a mental hospital, or to a Department of Veterans | ||
Affairs hospital if: | ||
(1) the defendant is charged with an offense listed in | ||
Article 17.032(a), other than an offense listed in Article | ||
17.032(a)(6); | ||
(2) the indictment alleges an affirmative finding | ||
under Section 3g(a)(2), Article 42.12; or | ||
(3) the defendant is charged with an offense for which | ||
the defendant could be sentenced to imprisonment in the Texas | ||
Department of Criminal Justice for a term of 20 years or more and | ||
the court finds that the defendant has a documented history of | ||
escape or flight and poses a risk of unauthorized departure from a | ||
mental health facility if not committed to the maximum security | ||
unit of the facility. | ||
(d) If the defendant is not committed as described by | ||
Subsection (c) [ |
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committing the defendant to a mental health facility or residential | ||
care facility determined to be appropriate by the local mental | ||
health authority or local mental retardation authority. | ||
SECTION 2. Article 46B.104, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF | ||
VIOLENCE OR HISTORY OF ESCAPE. A defendant committed to a facility | ||
as a result of proceedings initiated under this chapter shall be | ||
committed to the maximum security unit of any facility designated | ||
by the department if: | ||
(1) the defendant is charged with an offense listed in | ||
Article 17.032(a), other than an offense listed in Article | ||
17.032(a)(6); [ |
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(2) the indictment charging the offense alleges an | ||
affirmative finding under Section 3g(a)(2), Article 42.12; or | ||
(3) the defendant is charged with an offense for which | ||
the defendant could be sentenced to imprisonment in the Texas | ||
Department of Criminal Justice for a term of 20 years or more and | ||
the court finds that the defendant has a documented history of | ||
escape or flight and poses a risk of unauthorized departure from a | ||
mental health facility if not committed to the maximum security | ||
unit of the facility. | ||
SECTION 3. The heading to Article 46B.106, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 46B.106. CIVIL COMMITMENT PLACEMENT: NO FINDING OF | ||
VIOLENCE OR HISTORY OF ESCAPE. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a defendant against whom proceedings are initiated under Chapter | ||
46B, Code of Criminal Procedure, on or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect September 1, 2013. |