Bill Text: TX SB1187 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the determination of incompetency in criminal cases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-12 - Referred to Criminal Justice [SB1187 Detail]
Download: Texas-2013-SB1187-Introduced.html
83R10390 KEL-F | ||
By: Huffman | S.B. No. 1187 |
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relating to the determination of incompetency in criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.0095(a), Code of Criminal Procedure, | ||
as amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of | ||
the 82nd Legislature, Regular Session, 2011, is reenacted and | ||
amended to read as follows: | ||
(a) A defendant may not, under Subchapter D or E or any other | ||
provision of this chapter, be committed to a mental hospital or | ||
other inpatient or residential facility, ordered to participate in | ||
an outpatient treatment program, or subjected to both inpatient and | ||
outpatient treatment for a cumulative period that exceeds the | ||
maximum term provided by law for the offense for which the defendant | ||
was to be tried[ |
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SECTION 2. Article 46B.0095(d), Code of Criminal Procedure, | ||
as added by Chapter 718 (H.B. 748), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended to read as follows: | ||
(d) The court shall [ |
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described by Subsection (a): | ||
(1) any time that a defendant, following arrest for | ||
the offense for which the defendant was to be tried, is confined in | ||
a correctional facility, as defined by Section 1.07, Penal Code, | ||
before the initial order of commitment or initial order for | ||
outpatient treatment program participation is entered under this | ||
chapter; and | ||
(2) any good conduct time the defendant has been | ||
granted under Article 42.032 in relation to the defendant's | ||
confinement as described by Subdivision (1). | ||
SECTION 3. Article 46B.072(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The court shall order a defendant released on bail under | ||
Subsection (a-1) to participate in an outpatient treatment program | ||
for the applicable [ |
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(1) a period of not more than 60 days, if the defendant | ||
is charged with an offense punishable as a misdemeanor; or | ||
(2) a period of not more than [ |
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if the defendant is charged with an offense punishable as a felony. | ||
SECTION 4. Article 46B.080(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) On a request of the head of a facility or outpatient [ |
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treatment program provider that is made under Article 46B.079(d) | ||
and notwithstanding any other provision of this subchapter, the | ||
court may enter an order extending the initial restoration period | ||
for an additional period of 60 days. | ||
SECTION 5. Article 46B.0095(d), Code of Criminal Procedure, | ||
as added by Chapter 822 (H.B. 2725), Acts of the 82nd Legislature, | ||
Regular Session, 2011 is repealed. | ||
SECTION 6. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 7. The change in law made by this Act applies only | ||
to a defendant with respect to whom any proceeding under Chapter | ||
46B, Code of Criminal Procedure, is conducted on or after the | ||
effective date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2013. |