Bill Text: TX SB1326 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the maximum cumulative period allowed for restoration of a defendant's competency to stand trial and to certain time credits awarded against that cumulative period.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [SB1326 Detail]
Download: Texas-2015-SB1326-Enrolled.html
S.B. No. 1326 |
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relating to the maximum cumulative period allowed for restoration | ||
of a defendant's competency to stand trial and to certain time | ||
credits awarded against that cumulative period. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 46B.0095, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) In addition to the time credit awarded under Subsection | ||
(d), the court may credit to the cumulative period described by | ||
Subsection (a) any good conduct time the defendant may have been | ||
granted under Article 42.032 in relation to the defendant's | ||
confinement as described by Subsection (d). | ||
SECTION 2. Article 46B.010, 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 to read as | ||
follows: | ||
Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES. | ||
If a court orders that a defendant charged with a misdemeanor | ||
punishable by confinement be committed to a mental hospital or | ||
other inpatient or residential facility, participate in an | ||
outpatient treatment program, or be subjected to both inpatient and | ||
outpatient treatment, and the defendant is not tried before the | ||
expiration of the maximum period of restoration described by | ||
Article 46B.0095: | ||
(1) on the motion of the attorney representing the | ||
state, the court shall dismiss the charge; or | ||
(2) on the motion of the attorney representing the | ||
defendant and notice to the attorney representing the state, the | ||
court [ |
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(A) shall set the matter to be heard not later | ||
than the 10th day after the date of filing of the motion; and | ||
(B) may dismiss the charge on a finding that the | ||
defendant was not tried before the expiration of the maximum period | ||
of restoration. | ||
SECTION 3. 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 repealed. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1326 passed the Senate on | ||
April 30, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1326 passed the House on | ||
May 24, 2015, by the following vote: Yeas 141, Nays 1, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |