Enrolled Bill Summary

House Bill 748	House Author:  Menendez et al.
Effective:  9-1-11	Senate Sponsor:  Van de Putte

            House Bill 748 amends provisions of the Code of Criminal Procedure relating to a criminal defendant's incompetency to stand trial, certain related time credits, and the maximum period allowed for restoration of the defendant to competency.  The bill revises the periods that a convicting or sentencing court, as applicable, is required to credit to a convicted person's sentence term, specifies the beginning date of and the time included in the calculation of the maximum cumulative period allowed for a defendant's commitment to a mental hospital or other inpatient or residential facility or outpatient treatment program participation for restoration to competency, and provides for certain time credits to that cumulative period.  The bill revises procedures for the mandatory dismissal of misdemeanor charges when a defendant is not tried before the expiration of the maximum period of restoration.

            House Bill 748 amends the Health and Safety Code to add an alternative expiration date for an order authorizing the administration of psychoactive medication to a patient who is returned to a correctional facility and awaiting trial in a criminal proceeding.