Bill Text: TX SB1653 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to procedures regarding criminal defendants who have been determined incompetent to stand trial.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-22 - Referred to Criminal Justice [SB1653 Detail]

Download: Texas-2017-SB1653-Introduced.html

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85R11179 LHC-F
By: Watson S.B. No. 1653

A BILL TO BE ENTITLED
AN ACT
relating to procedures regarding criminal defendants who have been
determined incompetent to stand trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46B.001, Code of Criminal Procedure, is
amended by adding Subdivision (9) to read as follows:
(9) "Bodily injury" has the meaning assigned by
Section 1.07, Penal Code.
SECTION 2. Article 46B.071, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.071. OPTIONS ON DETERMINATION OF INCOMPETENCY.
(a) Except as provided by Subsection (b), on a determination that a
defendant is incompetent to stand trial, the court shall:
(1) commit the defendant to a facility under Article
46B.073 if the defendant is charged with:
(A) an offense punishable as a felony; or
(B) an offense punishable as a Class A
misdemeanor if the alleged conduct resulted in bodily injury to a
victim; [or]
(2) on the motion of the attorney representing the
state, dismiss the charge and proceed under Subchapter F for a
defendant charged with an offense punishable as a misdemeanor other
than an offense described by Subdivision (1)(B); or
(3) release the defendant on bail under Article
46B.072.
(b) On a determination that a defendant is incompetent to
stand trial and is unlikely to be restored to competency in the
foreseeable future, the court shall, as appropriate based on the
circumstances of the case:
(1) proceed under Subchapter E for a defendant charged
with:
(A) an offense punishable as a felony; or
(B) an offense punishable as a Class A
misdemeanor if the alleged conduct resulted in bodily injury to a
victim [or F]; [or]
(2) dismiss the applicable charge, whether felony or
misdemeanor, and proceed under Subchapter F; or
(3) release the defendant on bail as permitted under
Chapter 17.
SECTION 3. Article 46B.072(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only to a defendant who is subject
to an initial restoration period under this subchapter based on a
determination made under Article 46B.071.
SECTION 4. Article 46B.073(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only to a defendant [not released
on bail] who is subject to an initial restoration period based on a
determination made under Article 46B.071 and who:
(1) is charged with:
(A) an offense punishable as a felony; or
(B) an offense punishable as a Class A
misdemeanor if the alleged conduct resulted in bodily injury to a
victim; and
(2) was not released on bail under Article 46B.072.
SECTION 5. Article 46B.074(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant may be committed to a mental health facility
or residential care facility or ordered to participate in an
outpatient treatment program under this subchapter, only on
competent medical or psychiatric testimony provided by an expert
qualified under Article 46B.022.
SECTION 6. Article 46B.106, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), a defendant charged
with an offense punishable as a misdemeanor may only be committed to
an outpatient treatment program under this article.
SECTION 7. The change in law made by this Act applies only
to a proceeding under Chapter 46B, Code of Criminal Procedure, that
commences on or after the effective date of this Act, regardless of
when the defendant may have committed the underlying offense for
which the defendant became subject to the proceeding.
SECTION 8. This Act takes effect September 1, 2017.