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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding defendants who may lack the |
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capacity to understand or participate in criminal proceedings or |
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who have participated in certain competency restoration programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0214 to read as follows: |
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Art. 45.0214. DEFENDANT WITH MENTAL ILLNESS, INTELLECTUAL |
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OR DEVELOPMENTAL DISABILITY, OR LACK OF CAPACITY. (a) In this |
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article: |
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(1) "Caregiver" means a person, including a guardian, |
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who is authorized by law, contract, or familial relationship to |
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provide care to another person. |
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(2) "Defendant" includes a child as defined by Article |
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45.058(h). |
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(b) On motion by the state, the defendant, or a person who |
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stands in a parental relation to the defendant or who acts as the |
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defendant's caregiver, or on the court's own motion, a justice or |
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judge shall determine whether probable cause exists to believe that |
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a defendant, including a defendant with a mental illness or an |
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intellectual or developmental disability: |
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(1) lacks the capacity to understand the proceedings |
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in criminal court or to assist in the defendant's own defense; or |
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(2) is unfit to proceed. |
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(c) If the court determines that probable cause exists for a |
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finding under Subsection (b), after providing notice to the state, |
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the court may dismiss the complaint. |
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(d) A dismissal of a complaint under Subsection (c) may be |
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appealed as provided by Article 44.01. |
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SECTION 2. Article 46B.009, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.009. TIME CREDITS. (a) A court sentencing a |
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person convicted of a criminal offense shall credit to the term of |
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the person's sentence each of the following periods for which the |
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person may be confined in a mental health facility, residential |
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care facility, or jail: |
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(1) any period of confinement that occurs pending a |
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determination under Subchapter C as to the defendant's competency |
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to stand trial; and |
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(2) any period of confinement that occurs between the |
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date of any initial determination of the defendant's incompetency |
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under that subchapter and the date the person is transported to jail |
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following a final judicial determination that the person has been |
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restored to competency. |
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(b) A court sentencing a person convicted of a criminal |
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offense shall credit to the term of the person's sentence any period |
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during which the person participated in an outpatient competency |
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restoration program. |
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SECTION 3. This Act takes effect September 1, 2023. |