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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding certain criminal defendants who |
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are or may be persons with mental illness or mental retardation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 16.22, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 16.22. EXAMINATION AND TRANSFER OF DEFENDANT SUSPECTED |
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OF HAVING MENTAL ILLNESS OR MENTAL RETARDATION. (a)(1) Not later |
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than 72 hours after receiving evidence or a statement that may |
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establish reasonable cause to believe that a defendant committed to |
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the sheriff's custody has a mental illness or is a person with |
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mental retardation, the sheriff shall notify a magistrate of that |
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fact. A defendant's behavior or the result of a prior evaluation |
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indicating a need for referral for further mental health or mental |
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retardation assessment must be considered in determining whether |
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reasonable cause exists to believe the defendant has a mental |
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illness or is a person with mental retardation. On a determination |
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that there is reasonable cause to believe that the defendant has a |
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mental illness or is a person with mental retardation, the |
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magistrate, except as provided by Subdivision (2), shall order an |
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examination of the defendant by the local mental health or mental |
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retardation authority or another disinterested expert experienced |
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and qualified in mental health or mental retardation to determine |
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whether the defendant has a mental illness as defined by Section |
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571.003, Health and Safety Code, or is a person with mental |
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retardation as defined by Section 591.003, Health and Safety Code. |
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(2) The magistrate is not required to order an |
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examination described by Subdivision (1) if the defendant in the |
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year preceding the defendant's applicable date of arrest has been |
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evaluated and determined to have a mental illness or to be a person |
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with mental retardation by the local mental health or mental |
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retardation authority or another disinterested expert described by |
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Subdivision (1). A court that elects to use the results of that |
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evaluation may proceed under Subsection (c). |
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(3) If the defendant fails or refuses to submit to an |
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examination required under Subdivision (1), the magistrate may |
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order the defendant to submit to an examination in a mental health |
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facility determined to be appropriate by the local mental health or |
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mental retardation authority for a reasonable period not to exceed |
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21 days. The magistrate may order a defendant to a facility |
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operated by the [Texas] Department of State [Mental] Health |
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Services or the Department of Aging and Disability Services [and
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Mental Retardation] for examination only on request of the local |
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mental health or mental retardation authority and with the consent |
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of the head of the facility. If a defendant who has been ordered to |
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a facility operated by the [Texas] Department of State [Mental] |
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Health Services or the Department of Aging and Disability Services |
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[and Mental Retardation] for examination remains in the facility |
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for a period exceeding 21 days, the head of that facility shall |
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cause the defendant to be immediately transported to the committing |
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court and placed in the custody of the sheriff of the county in |
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which the committing court is located. That county shall reimburse |
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the [Texas Department of Mental Health and Mental Retardation] |
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facility 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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the state travel regulations in effect at the time. |
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(b) A written report of the examination shall be submitted |
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to the magistrate not later than the 30th day after the date of any |
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[within 30 days of the] order of examination issued in a felony case |
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and not later than the 10th day after the date of any order of |
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examination issued in a misdemeanor case, and the magistrate shall |
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provide [furnish] copies of the report to the defense counsel and |
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the prosecuting attorney. The report must [shall] include a |
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description of the procedures used in the examination and the |
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examiner's observations and findings pertaining to: |
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(1) whether the defendant is a person who has a mental |
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illness or is a person with mental retardation; |
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(2) whether there is clinical evidence to support a |
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belief that the defendant may be incompetent to stand trial and |
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should undergo a complete competency examination under Subchapter |
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B, Chapter 46B; and |
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(3) recommended treatment. |
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(c) After the court receives the examining expert's report |
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relating to the defendant under Subsection (b) or elects to use the |
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results of an evaluation described by Subsection (a)(2), the court |
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may resume: |
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(1) criminal proceedings against the defendant, |
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including proceedings related to the defendant's release on |
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personal bond under Article 17.032; or |
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(2) competency proceedings, if required, as provided |
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by Chapter 46B or other proceedings affecting the defendant's |
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receipt of appropriate court-ordered mental health or mental |
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retardation services, including proceedings related to the |
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defendant's receipt of outpatient mental health services under |
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Section 574.034, Health and Safety Code. |
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SECTION 2. 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 inpatient 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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inpatient or residential facility only pursuant to civil commitment |
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proceedings. |
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SECTION 3. 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 4. 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
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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), the head |
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of that facility shall cause the defendant to be promptly |
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transported to the committing court and placed in the custody of the |
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sheriff of the county in which the committing court is located. The |
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county in 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 5. 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 6. Subchapter E, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.1035 to read as |
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follows: |
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Art. 46B.1035. APPLICATION OF OTHER LAW. (a) In |
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proceedings conducted under this subchapter for a defendant |
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described by Article 46B.102(a): |
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(1) an application for court-ordered temporary or |
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extended mental health services may not be required; |
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(2) the provisions of Subtitle C, Title 7, Health and |
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Safety Code, relating to notice of hearing do not apply; and |
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(3) appeals from the criminal court proceedings are to |
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the court of appeals as in the proceedings for court-ordered |
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inpatient mental health services under Subtitle C, Title 7, Health |
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and Safety Code. |
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(b) In proceedings conducted under this subchapter for a |
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defendant described by Article 46B.103(a): |
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(1) an application to have the defendant declared a |
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person with mental retardation may not be required; |
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(2) the provisions of Subtitle D, Title 7, Health and |
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Safety Code, relating to notice of hearing do not apply; and |
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(3) appeals from the criminal court proceedings are to |
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the court of appeals as in the proceedings for commitment to a |
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residential care facility under Subtitle D, Title 7, Health and |
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Safety Code. |
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SECTION 7. Section 571.018(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The costs for a hearing or proceeding under this |
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subtitle, other than a hearing regarding the court-ordered |
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administration of psychoactive medication to a person awaiting |
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trial or acquitted in a criminal case as described by Section |
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574.107, shall be paid by: |
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(1) the county that initiates emergency detention |
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procedures under Subchapter A or B, Chapter 573; or |
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(2) if no emergency detention procedures are |
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initiated, the county that accepts an application for court-ordered |
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mental health services, issues an order for protective custody, or |
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issues an order for temporary mental health services. |
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SECTION 8. Section 574.107, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 574.107. COSTS. The costs for a hearing [hearings] |
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under this subchapter shall be paid in accordance with Sections |
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571.017 and 571.018, except that the county in which the applicable |
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criminal charges are pending or were adjudicated shall pay the |
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costs of a hearing that is held under Section 574.106 to evaluate |
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the court-ordered administration of psychoactive medication to: |
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(1) a patient ordered to receive inpatient mental |
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health services as described by Section 574.106(a)(1) after having |
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been acquitted of an offense by reason of insanity; or |
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(2) a patient awaiting trial and ordered to receive |
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inpatient mental health services as described by Section |
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574.106(a)(2). |
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SECTION 9. Article 46B.103(d), Code of Criminal Procedure, |
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is repealed. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, the change in law made by this Act applies only to a |
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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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(b) The change in law made by this Act in amending Sections |
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571.018(a) and 574.107, Health and Safety Code, applies only to a |
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hearing under Section 574.106, Health and Safety Code, that |
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commences on or after the effective date of this Act. A hearing |
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under Section 574.106, Health and Safety Code, that commences |
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before the effective date of this Act is covered by the law in |
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effect when the hearing commenced, and the former law is continued |
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in effect for this purpose. |
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SECTION 11. This Act takes effect September 1, 2007. |