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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(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A defendant committed under this subchapter whose term |
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of commitment has not yet expired shall be returned to the |
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committing court as soon as practicable after the 10th [15th] day |
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following the date on which the parties receive service on any |
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report filed under Article 46B.080(b) regarding the defendant's |
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ability to attain competency, except that, if a party objects to the |
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findings of the report and the issue is set for a hearing under |
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Article 46B.084, the defendant may not be returned to the |
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committing court earlier than 72 hours before the date the hearing |
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is scheduled. |
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SECTION 2. Article 46B.082(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) If a defendant committed to a maximum security unit of a |
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facility of the department has not been transported from the unit |
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before the 10th [15th] day after the date on which the court |
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received notification under Article 46B.080(a), the head of that |
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facility shall cause the defendant to be promptly transported to |
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the committing court and placed in the custody of the sheriff of the |
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county in which the committing court is located. The county in |
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which the committing court is located shall reimburse the |
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department for the mileage and per diem expenses of the personnel |
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required to transport the defendant, calculated in accordance with |
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rates provided in the General Appropriations Act for state |
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employees. |
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SECTION 3. Article 46B.084(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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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. |