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A BILL TO BE ENTITLED
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AN ACT
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relating to the confinement in a county jail of certain defendants |
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who are incompetent to stand trial and to the compensation to the |
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county for the costs of that confinement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.014 to read as follows: |
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Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO |
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COUNTIES. (a) The commission shall take custody of a defendant |
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awaiting transfer under an order issued under Article 46B.073 to a |
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facility operated by or under contract with the commission, not |
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later than the 45th day following the date the order is issued. |
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(b) If the commission does not take custody of a defendant |
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within the period prescribed by Subsection (a), the commission |
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shall compensate the county for the cost of confinement for each day |
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that the defendant remains confined in the county jail following |
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the expiration of that period. The compensation must be equal to |
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the amount that would have been incurred by the commission to |
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confine the defendant for that period. |
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SECTION 2. Article 46B.014, Code of Criminal Procedure, as |
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added by this Act, applies only to compensation to a county for the |
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cost of a defendant's confinement that occurs on or after January 1, |
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2024, regardless of whether the order of commitment is issued |
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before, on, or after that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |