79(R) SB 561 - Introduced version


                                                                                

79R1666 KEL-D

By:  Carona                                                       S.B. No. 561



A BILL TO BE ENTITLED

AN ACT

relating to the procedure for determining the incompetency of a 
defendant to stand trial.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 46B.001, Code of Criminal Procedure, is 
amended by adding Subdivision (9) to read as follows:
		(9)  "Electronic broadcast system" means a two-way 
electronic communication of image and sound between the defendant 
and the court and includes secure Internet videoconferencing.
	SECTION 2.  Article 46B.107(d), Code of Criminal Procedure, 
is amended to read as follows:
	(d)  The court may, on motion of the attorney representing 
the state or on its own motion, hold a hearing to determine whether 
release is appropriate under the applicable criteria in Subtitle C 
or D, Title 7, Health and Safety Code.  The court may conduct the 
hearing at the facility or by means of an electronic broadcast 
system.
	SECTION 3.  Article 46B.113, Code of Criminal Procedure, is 
amended by amending Subsections (b) and (c) and adding Subsection 
(b-1) to read as follows:
	(b)  Subject to Subsection (b-1), the [The] court may hold a 
hearing on a motion filed by a party to determine whether the 
defendant has been restored to competency, except that the court 
may not hold a hearing on the motion if two experts at the facility 
who meet the qualifications for appointment under Article 46B.022 
file with the court in response to the motion, not later than the 
20th day after the date the motion is filed, a joint report stating 
that the defendant will not attain competency in the foreseeable 
future.  Subject to Article 46B.115(b), the court may not hold a 
hearing on any subsequent motion filed by the same party under this 
subchapter until the earlier of:
		(1)  the first anniversary of the date of the party's 
most recent motion; or
		(2)  the date that the experts who filed the joint 
report or, if those experts are unavailable, any two experts from 
the facility who meet the qualifications for appointment under 
Article 46B.022 file a joint report retracting the earlier report.
	(b-1)  The court may hold a hearing on the court's own motion 
to inquire into restoration of competency [or on the court's 
decision on its own motion to inquire into restoration of 
competency,] and shall hold a hearing if a motion of a party and any 
supporting material establish good reason to believe the defendant 
may have been restored to competency.
	(c)  If a court holds a hearing under this article, on the 
request of either party or the motion of the court, a jury shall 
make the competency determination.  If the competency determination  
will be made by the court rather than a jury, the court may conduct 
the hearing at the facility or by means of an electronic broadcast 
system.
	SECTION 4.  Article 46B.114, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 46B.114.  TRANSPORTATION OF DEFENDANT TO COURT.  If the 
hearing is not conducted at the facility to which the defendant has 
been committed under this chapter or conducted by means of an 
electronic broadcast system as permitted by this subchapter, an
[An] order setting a hearing to determine whether the defendant has 
been restored to competency shall direct that the defendant be 
placed in the custody of the sheriff of the county in which the 
committing court is located or the sheriff's designee for 
transportation to the court.
	SECTION 5.  Article 46B.115, Code of Criminal Procedure, is 
amended by amending Subsection (b) and adding Subsection (c) to 
read as follows:
	(b)  Regardless of whether a joint report of the defendant's 
incompetency has been submitted or retracted as provided by Article 
46B.113(b), the [The] court may hold a hearing on a request or 
motion under this article [only] if the court first finds reason to 
believe the defendant's condition has materially changed since the 
prior determination that the defendant was not restored to 
competency.
	(c)  If the competency determination will be made by the 
court, the court may conduct the hearing at the facility to which 
the defendant has been committed under this chapter or may conduct 
the hearing by means of an electronic broadcast system.
	SECTION 6.  Article 46B.117(a), Code of Criminal Procedure, 
is amended to read as follows:
	(a)  If a defendant under order of commitment to a facility 
is found to not have been restored to competency to stand trial, the 
court shall remand the defendant pursuant to that order of 
commitment, and, if applicable, order the defendant placed in the 
custody of the sheriff or the sheriff's designee for transportation 
back to the facility.
	SECTION 7.  The change in law made by this Act applies only 
to a competency hearing requested by the motion of a party or held 
on the motion of the court on or after the effective date of this 
Act.  A competency hearing requested by the motion of a party or 
held on the motion of the court before the effective date of this 
Act is covered by the law in effect when the motion for a hearing was 
made by a party or by the court, as applicable, and the former law is 
continued in effect for that purpose.
	SECTION 8.  This Act takes effect September 1, 2005.