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Senate Bill 679 |
Senate Author: Duncan |
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Effective: 9-1-05 |
House Sponsor: Keel |
Senate Bill 679 amends provisions of the Code of Criminal Procedure and the Health and Safety Code to clarify and make technical changes to the procedure for determining the incompetency of a defendant to stand trial. The bill provides that at any time during the proceedings to determine whether a defendant is incompetent to stand trial after the issue is first raised, the court on the motion of the attorney representing the state may dismiss all charges pending against the defendant, regardless of whether there is evidence to support a finding of the defendant's competency or whether the court has made a finding of incompetency. Upon dismissal of the charges, the court may not continue the proceedings, except that, if there is evidence to support a finding of incompetency, the court may proceed under statutes relating to civil commitment or may discharge the defendant. Senate Bill 679 requires the court to conduct a separate trial to determine competency, rather than a hearing, and provides that the current procedures for a hearing apply to the prescribed trial.
Senate Bill 679 provides that a defendant who is found incompetent may not be committed to an institution for a cumulative period that exceeds the maximum term provided by law for the offense for which the defendant was to be tried, but upon expiration of the maximum term allows the defendant to be confined for an additional time period only pursuant to civil commitment proceedings. The bill authorizes a court to order only one commitment and one extension. The bill provides that any additional confinement must be pursuant to a civil commitment proceeding and requires certain expertise in the witnesses for such commitments. The bill also sets out timeframes for court appearances by the defendant.
Senate Bill 679 authorizes a hearing in a criminal competency proceeding or a commitment proceeding to be conducted using an electronic broadcasting system under certain circumstances and sets out parameters for and recordkeeping of such use.
Senate Bill 679 requires that examinations to determine the fitness of children to proceed with respect to adjudications of delinquent conduct or conduct in need of supervision be reviewed by the Texas Correctional Office on Offenders with Medical or Mental Impairments and requires a district or juvenile court to regularly submit reports on such examinations to the office.