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A BILL TO BE ENTITLED
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AN ACT
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relating to the pendency of charges against a criminal defendant |
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subjected to certain incompetency proceedings and to the maximum |
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period for confining that defendant. |
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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 amending Articles 46B.009 and 46B.010 and |
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by adding Article 46B.0095 to read as follows: |
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Art. 46B.009. TIME CREDITS. [(a)] A court sentencing a |
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person convicted of a criminal offense shall credit to the term of |
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the person's sentence the time the person is confined in a mental |
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health facility, residential care facility, or jail pending trial |
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under Subchapter C. |
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[(b)
A defendant may not be committed to a mental hospital
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or other in-patient or residential facility under this chapter for
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a cumulative period that exceeds the maximum term provided by law
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for the offense for which the defendant was to be tried. On
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expiration of that maximum term, the defendant may be confined for
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an additional period in a mental hospital or other in-patient or
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residential facility only pursuant to civil commitment
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proceedings.] |
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Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT DETERMINED BY |
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MAXIMUM TERM FOR OFFENSE. A defendant may not be committed to a |
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mental hospital or other in-patient or residential facility under |
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this chapter for a cumulative period that exceeds the maximum term |
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provided by law for the offense for which the defendant was to be |
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tried. On expiration of that maximum term, the defendant may be |
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confined for an additional period in a mental hospital or other |
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in-patient or residential facility only pursuant to civil |
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commitment proceedings. |
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Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES. |
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If a court commits a defendant who is charged with a misdemeanor |
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punishable by confinement and the defendant is not tried before the |
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second anniversary of the date on which the order of commitment was |
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entered, the court [on the motion of the attorney representing the
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state] shall dismiss the charge on its own motion, on the motion of |
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the attorney representing the state, or on the motion of the |
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defendant or the defendant's attorney or other authorized |
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representative. |
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SECTION 2. The change in law made by this Act applies only |
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to a defendant against whom proceedings are initiated under Chapter |
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46B, Code of Criminal Procedure, before, on, or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |