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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures occurring after a determination of a |
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defendant's incompetency to stand trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.079, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.079. RETURN TO COMMITTING COURT. (a) Subject to |
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Article 46B.082(b), a [A] defendant committed under this subchapter |
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shall be returned to the committing court as soon as practicable |
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after notice to the court is provided under Article 46B.080(a), but |
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not later than the date on which the defendant's term of commitment |
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expires. |
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(b) Subject to Article 46B.082(b), a [A] defendant |
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committed under this subchapter whose term of commitment has not |
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yet expired shall be returned to the committing court as soon as |
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practicable after the 10th [15th] day following the date on which |
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the parties receive service on any report filed under Article |
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46B.080(c) [46B.080(b)] regarding the defendant's ability to |
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attain competency as described by Article 46B.080(b), except that, |
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if not later than the 10th day after the date of that service a party |
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objects to the findings of the report and the issue is set for a |
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hearing under Article 46B.084, the defendant may not be returned to |
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the committing court earlier than 72 hours before the date the |
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hearing is scheduled. |
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SECTION 2. Subsection (b), Article 46B.082, Code of |
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Criminal Procedure, is amended to read as follows: |
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(b) If a defendant committed to a [maximum security unit of
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a] facility of the department has not been transported from the |
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facility [unit] before the 10th [15th] day after the date on which |
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the court received notification under Article 46B.080(a), or if |
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with respect to that defendant the court received notification |
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under Article 46B.080(b) and neither party objected in a timely |
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manner to the findings of the report filed under Article |
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46B.080(c), the head of the [that] facility shall cause the |
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defendant to be promptly transported to the committing court and |
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placed in the custody of the sheriff of the county in which the |
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committing court is located. The county in which the committing |
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court is located shall reimburse the department for the mileage and |
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per diem expenses of the personnel required to transport the |
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defendant, calculated in accordance with rates provided in the |
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General Appropriations Act for state employees. |
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SECTION 3. Subsections (a) and (c), Article 46B.084, Code |
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of Criminal Procedure, are amended to read as follows: |
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(a) On the return of a defendant to the committing court, |
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the court shall make a determination with regard to the defendant's |
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competency to stand trial. The court may make the determination |
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based solely on the report filed under Article 46B.080(c), unless |
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any party objects in writing or in open court to the findings of the |
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report not later than the 10th [15th] day after the date on which |
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the report is served on the parties. |
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(c) The hearing shall be held not later than the 20th day |
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after [within 30 days following] the date of objection unless |
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continued for good cause for a period not to exceed 20 [30] days. |
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SECTION 4. The change in law made by this Act applies only |
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to a defendant charged with an offense committed on or after the |
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effective date of this Act. A defendant charged with an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |