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  82R21619 KEL-F
 
  By: Menendez, Hartnett H.B. No. 748
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a criminal defendant's incompetency to stand trial, to
  certain related time credits, and to the maximum period allowed for
  restoration of the defendant to competency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2(a), Article 42.03, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  In all criminal cases the judge of the court in which the
  defendant is convicted shall give the defendant credit on the
  defendant's sentence for the time that the defendant has spent:
               (1)  in jail for the case, including confinement served
  as described by Article 46B.009 and excluding [other than]
  confinement served as a condition of community supervision, from
  the time of his arrest and confinement until his sentence by the
  trial court; [or]
               (2)  in a substance abuse treatment facility operated
  by the Texas Department of Criminal Justice under Section 493.009,
  Government Code, or another court-ordered residential program or
  facility as a condition of deferred adjudication community
  supervision granted in the case if the defendant successfully
  completes the treatment program at that facility; or
               (3)  confined in a mental health facility or
  residential care facility as described by Article 46B.009.
         SECTION 2.  Article 46B.009, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.009.  TIME CREDITS.  A court sentencing a person
  convicted of a criminal offense shall credit to the term of the
  person's sentence each of the following periods for which [the
  time] the person may be [is] confined in a mental health facility,
  residential care facility, or jail:
               (1)  any period of confinement that occurs pending a
  determination [trial] under Subchapter C as to the defendant's
  competency to stand trial; and
               (2)  any period of confinement that occurs between the
  date of any initial determination of the defendant's incompetency
  under that subchapter and the date the person is transported to jail
  following a final judicial determination that the person has been
  restored to competency.
         SECTION 3.  Article 46B.0095, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.0095.  MAXIMUM PERIOD OF [FACILITY] COMMITMENT OR
  OUTPATIENT TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM
  TERM FOR OFFENSE.  (a)  A defendant may not, under this chapter, be
  committed to a mental hospital or other inpatient or residential
  facility, ordered to participate in an outpatient treatment
  program, or subjected to both inpatient and outpatient treatment
  for a cumulative period that exceeds the maximum term provided by
  law for the offense for which the defendant was to be tried, except
  that if the defendant is charged with a misdemeanor and has been
  ordered only to participate in an outpatient treatment program
  under Subchapter D or E, the maximum period of restoration is two
  years [beginning on the date of the initial order for outpatient
  treatment program participation was entered].
         (b)  On expiration of the maximum restoration period under
  Subsection (a), the mental hospital or other inpatient or
  residential facility or outpatient treatment program provider
  identified in the most recent order of commitment or order of
  outpatient treatment program participation under this chapter
  shall assess the defendant to determine if civil proceedings under
  Subtitle C or D, Title 7, Health and Safety Code, are appropriate.
  The [the] defendant may be confined for an additional period in a
  mental hospital or other inpatient or residential facility or
  ordered to participate for an additional period in an outpatient
  treatment program, as appropriate, only pursuant to civil
  commitment proceedings.
         (c)  The cumulative period described by Subsection (a):
               (1)  begins on the date the initial order of commitment
  or initial order for outpatient treatment program participation is
  entered under this chapter; and
               (2)  includes any time that, following the entry of an
  order described by Subdivision (1), the defendant is confined in a
  correctional facility, as defined by Section 1.07, Penal Code,
  while awaiting:
                     (A)  transfer to a mental hospital or other
  inpatient or residential facility;
                     (B)  release on bail to participate in an
  outpatient treatment program; or
                     (C)  a criminal trial following any temporary
  restoration of the defendant's competency to stand trial.
         (d)  The court may credit to the cumulative period described
  by Subsection (a):
               (1)  any time that a defendant, following arrest for
  the offense for which the defendant was to be tried, is confined in
  a correctional facility, as defined by Section 1.07, Penal Code,
  before the initial order of commitment or initial order for
  outpatient treatment program participation is entered under this
  chapter; and
               (2)  any good conduct time the defendant has been
  granted under Article 42.032 in relation to the defendant's
  confinement as described by Subdivision (1).
         SECTION 4.  Article 46B.010, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.010.  MANDATORY DISMISSAL OF MISDEMEANOR CHARGES.  
  If a court orders that a defendant charged with a misdemeanor
  punishable by confinement be committed to a mental hospital or
  other inpatient or residential facility, participate in an
  outpatient treatment program, or be subjected to both inpatient and
  outpatient treatment, [the commitment of or participation in an
  outpatient treatment program by a defendant who is charged with a
  misdemeanor punishable by confinement] and the defendant is not
  tried before the [date of] expiration of the maximum period of
  restoration [under this chapter as] described by Article 46B.0095:
               (1)  on the motion of the attorney representing the
  state, the court shall dismiss the charge; or
               (2)  on the motion of the attorney representing the
  defendant, the court shall:
                     (A)  set the matter to be heard not later than the
  10th day after the date of filing of the motion; and
                     (B)  dismiss the charge on a finding that the
  defendant was not tried before the expiration of the maximum period
  of restoration[, the court on the motion of the attorney
  representing the state shall dismiss the charge].
         SECTION 5.  Section 574.110(b), Health and Safety Code, is
  amended to read as follows:
         (b)  An order issued under Section 574.106 for a patient who
  is returned to a correctional facility, as defined by Section 1.07,
  Penal Code, to await [awaiting] trial in a criminal proceeding
  continues to be in effect until the earlier of the following dates,
  as applicable:
               (1)  the 180th day after the date the defendant was
  returned to the correctional facility;
               (2)  [expires on] the date the defendant is acquitted,
  is convicted, or enters a plea of guilty; or
               (3)  the date on which charges in the case are
  dismissed.  [An order continued under this subsection shall be
  reviewed by the issuing court every six months.]
         SECTION 6.  (a)  Except as provided by Subsection (b) of this
  section, the change in law made by this Act applies only to a
  defendant with respect to which any proceeding under Chapter 46B,
  Code of Criminal Procedure, is conducted on or after the effective
  date of this Act.
         (b)  The change in law made by this Act in amending Section
  574.110(b), Health and Safety Code, applies only to an order issued
  under Section 574.106 of that code on or after the effective date of
  this Act.
         SECTION 7.  This Act takes effect September 1, 2011.