Bill Text: TX SB1439 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to Criminal Justice [SB1439 Detail]
Download: Texas-2011-SB1439-Introduced.html
82R1286 JXC-D | ||
By: Van de Putte | S.B. No. 1439 |
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relating to a criminal defendant's incompetency to stand trial, to | ||
certain related time credits, and to the maximum period allowed for | ||
restoration of the defendant to competency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2(a), Article 42.03, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) In all criminal cases the judge of the court in which the | ||
defendant is convicted shall give the defendant credit on the | ||
defendant's sentence for the time that the defendant has spent: | ||
(1) in jail for the case, including confinement served | ||
as described by Article 46B.009 and excluding [ |
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confinement served as a condition of community supervision, from | ||
the time of his arrest and confinement until his sentence by the | ||
trial court; [ |
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(2) in a substance abuse treatment facility operated | ||
by the Texas Department of Criminal Justice under Section 493.009, | ||
Government Code, or another court-ordered residential program or | ||
facility as a condition of deferred adjudication community | ||
supervision granted in the case if the defendant successfully | ||
completes the treatment program at that facility; or | ||
(3) confined in a mental health facility or | ||
residential care facility as described by Article 46B.009. | ||
SECTION 2. Article 46B.009, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.009. TIME CREDITS. A court sentencing a person | ||
convicted of a criminal offense shall credit to the term of the | ||
person's sentence the time the person is confined in a mental health | ||
facility, residential care facility, or jail: | ||
(1) pending a determination [ |
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as to the defendant's competency to stand trial; or | ||
(2) between the date of any initial determination of | ||
the defendant's incompetency under that subchapter and the date the | ||
person is transported to jail following a final judicial | ||
determination that the person has been restored to competency. | ||
SECTION 3. Article 46B.0095, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 46B.0095. MAXIMUM PERIOD OF [ |
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OUTPATIENT TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM | ||
TERM FOR OFFENSE. (a) A defendant may not, under 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, except | ||
that if the defendant is charged with a misdemeanor and has been | ||
ordered only to participate in an outpatient treatment program | ||
under Subchapter D or E, the maximum period of restoration is two | ||
years [ |
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(b) On expiration of the maximum restoration period under | ||
Subsection (a), the mental hospital or other inpatient or | ||
residential facility or outpatient treatment program provider | ||
identified in the most recent order of commitment or order of | ||
outpatient treatment program participation under this chapter | ||
shall assess the defendant to determine if civil proceedings under | ||
Subtitle C or D, Title 7, Health and Safety Code, are appropriate. | ||
The [ |
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mental hospital or other inpatient or residential facility or | ||
ordered to participate for an additional period in an outpatient | ||
treatment program, as appropriate, only pursuant to civil | ||
commitment proceedings. | ||
(c) The cumulative period described by Subsection (a): | ||
(1) begins on the date the initial order of commitment | ||
or initial order for outpatient treatment program participation is | ||
entered under this chapter; and | ||
(2) includes any time that, following the entry of an | ||
order described by Subdivision (1), the defendant is confined in a | ||
correctional facility, as defined by Section 1.07, Penal Code, | ||
while awaiting: | ||
(A) transfer to a mental hospital or other | ||
inpatient or residential facility; | ||
(B) release on bail to participate in an | ||
outpatient treatment program; or | ||
(C) a criminal trial following any temporary | ||
restoration of the defendant's competency to stand trial. | ||
(d) The court may credit to the cumulative period 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 4. Article 46B.010, Code of Criminal Procedure, is | ||
amended 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, [ |
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tried before the [ |
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restoration [ |
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(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, the court shall set the matter to be heard not later than | ||
the 10th day after the date of filing of the motion and shall | ||
dismiss the charge on a finding that the defendant was not tried | ||
before the expiration of the maximum period of restoration [ |
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SECTION 5. The change in law made by this Act applies only | ||
to a defendant with respect to which any proceeding under Chapter | ||
46B, Code of Criminal Procedure, is conducted on or after the | ||
effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2011. |