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By: Madden (Senate Sponsor - Whitmire) H.B. No. 2194
(In the Senate - Received from the House April 20, 2005;
April 21, 2005, read first time and referred to Committee on
Criminal Justice; May 18, 2005, reported favorably by the
following vote: Yeas 5, Nays 0; May 18, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the review of the results of competency examinations in
criminal cases by the Texas Correctional Office on Offenders with
Medical or Mental Impairments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46B.025, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) The court shall direct an expert to provide the expert's
report to the court and the appropriate parties in the form approved
by the Texas Correctional Office on Offenders with Medical or
Mental Impairments under Section 614.0032(b), Health and Safety
Code.
SECTION 2. Article 46B.026, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) As soon as practicable after the court receives a report
under this article, the court shall forward the report to the Texas
Correctional Office on Offenders with Medical or Mental Impairments
to enable that office to discharge its duties under Section
614.0032(b), Health and Safety Code.
SECTION 3. Section 614.0032(b), Health and Safety Code, is
amended to read as follows:
(b) The office, with the special assistance of committee
members appointed under Section 614.002(b)(1), shall review
examinations to determine the competency of defendants in criminal
cases to stand trial and periodically shall report findings made as
a result of the review to the legislature and the court of criminal
appeals. The office shall approve and make generally available in
electronic format a standard form for use by experts in reporting
competency examination results under Chapter 46B, Code of Criminal
Procedure.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
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