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A BILL TO BE ENTITLED
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AN ACT
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relating to the insanity defense in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.01(a), Penal Code, is amended to read |
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as follows: |
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(a) It is an affirmative defense to prosecution that, at the |
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time of the commission of the acts constituting the offense, the |
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defendant, as a result of a severe mental disease or defect, was |
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unable to appreciate the nature and quality or the wrongfulness of |
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his or her acts [conduct charged, the actor, as a result of severe
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mental disease or defect, did not know that his conduct was wrong]. |
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SECTION 2. Chapter 46C, Code of Criminal Procedure, is |
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amended by adding Subchapter G to read as follows: |
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SUBCHAPTER G. PROVISIONS APPLICABLE TO PERSONS ACQUITTED BY REASON |
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OF INSANITY UNDER THIS CHAPTER OR PRIOR LAW |
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Art. 46C.301. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to a person acquitted by reason of insanity under this |
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chapter or under former Article 46.03, as that article existed |
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before September 1, 2005. |
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SECTION 3. Articles 46C.002, 46C.268, and 46C.269, Code of |
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Criminal Procedure, are transferred to Subchapter G, Chapter 46C, |
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Code of Criminal Procedure, as added by this Act, redesignated as |
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Articles 46C.302, 46C.303, and 46C.304, Code of Criminal Procedure, |
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respectively, and amended to read as follows: |
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Art. 46C.302 [46C.002]. MAXIMUM PERIOD OF COMMITMENT |
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DETERMINED BY MAXIMUM TERM FOR OFFENSE. (a) A person acquitted by |
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reason of insanity may not be committed to a mental hospital or |
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other inpatient or residential care facility or ordered to receive |
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outpatient or community-based treatment and supervision under |
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Subchapter F or under former Article 46.03, as applicable, for a |
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cumulative period that exceeds the maximum term provided by law for |
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the offense for which the acquitted person was tried. |
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(b) On expiration of that maximum term, the acquitted person |
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may be further confined in a mental hospital or other inpatient or |
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residential care facility or ordered to receive outpatient or |
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community-based treatment and supervision only under civil |
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commitment proceedings. |
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Art. 46C.303 [46C.268]. ADVANCE DISCHARGE OF ACQUITTED |
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PERSON AND TERMINATION OF JURISDICTION. (a) A [An acquitted] |
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person acquitted by reason of insanity, the head of the facility to |
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which the acquitted person is committed, the person responsible for |
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providing the outpatient or community-based treatment and |
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supervision, or the state may request that the court discharge an |
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acquitted person from inpatient commitment or outpatient or |
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community-based treatment and supervision. |
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(b) Not later than the 14th day after the date of the |
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request, the court shall hold a hearing on a request made by the |
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head of the facility to which the acquitted person is committed or |
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the person responsible for providing the outpatient or |
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community-based treatment and supervision. |
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(c) If a request is made by an acquitted person, the court |
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must act on the request not later than the 14th day after the date of |
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the request. A hearing under this subsection is at the discretion |
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of the court, except that the court shall hold a hearing if the |
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request and any accompanying material indicate that modification of |
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the order may be appropriate. |
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(d) If a request is made by an acquitted person not later |
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than the 90th day after the date of a hearing on a previous request, |
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the court is not required to act on the request except on the |
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expiration of the order or on the expiration of the 90-day period |
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following the date of the hearing on the previous request. |
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(e) The court shall rule on the request during or shortly |
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after any hearing that is held and in any case not later than the |
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14th day after the date of the request. |
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(f) The court shall discharge the acquitted person from all |
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court-ordered commitment and treatment and supervision and |
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terminate the court's jurisdiction over the person if the court |
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finds that the acquitted person has established by a preponderance |
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of the evidence that: |
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(1) the acquitted person does not have a severe mental |
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illness or mental retardation; or |
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(2) the acquitted person is not likely to cause |
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serious harm to another because of any severe mental illness or |
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mental retardation. |
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Art. 46C.304 [46C.269]. TERMINATION OF COURT'S |
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JURISDICTION. (a) The jurisdiction of the court over a person |
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acquitted by reason of insanity [covered by this subchapter] |
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automatically terminates on the date when the cumulative total |
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period of institutionalization and outpatient or community-based |
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treatment and supervision imposed under Subchapter F or under |
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former Article 46.03, as applicable, [this subchapter] equals the |
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maximum term of imprisonment provided by law for the offense of |
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which the person was acquitted [by reason of insanity]. |
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(b) On the termination of the court's jurisdiction under |
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this article, the acquitted person must be discharged from any |
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inpatient treatment or residential care or outpatient or |
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community-based treatment and supervision ordered under Subchapter |
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F or under former Article 46.03, as applicable [this subchapter]. |
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(c) The [An] inpatient or residential care facility to which |
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the acquitted [a] person has been committed [under this subchapter] |
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or the [a] person responsible for administering a regimen of |
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outpatient or community-based treatment and supervision [under
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this subchapter] must notify the court not later than the 30th day |
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before the court's jurisdiction over the acquitted person ends |
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under this article. |
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(d) This article [subchapter] does not affect whether a |
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person may be ordered to receive care or treatment under Subtitle C |
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or D, Title 7, Health and Safety Code. |
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SECTION 4. Article 46C.154, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46C.154. INFORMING JURY REGARDING CONSEQUENCES OF |
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ACQUITTAL. The court shall provide instruction to the jury to |
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inform the jury of [, the attorney representing the state, or the
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attorney for the defendant may not inform a juror or a prospective
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juror of] the consequences to the defendant if a verdict of not |
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guilty by reason of insanity is returned, in substantially the form |
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as follows: |
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"Under the law applicable in this case, if you find the |
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defendant not guilty by reason of insanity, you will be discharged |
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and the court will determine the disposition of the defendant. |
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"If the court finds that the offense of which the defendant |
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was acquitted involved conduct that caused serious bodily injury to |
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another person, placed another person in imminent danger of serious |
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bodily injury, or consisted of a threat of serious bodily injury to |
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another person through the use of a deadly weapon, the court must |
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commit the defendant to a maximum-security inpatient facility for a |
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mental health evaluation for a period not to exceed 30 days. Based |
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upon that evaluation, the defendant may receive continuing mental |
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health supervision or treatment for a period not to exceed the |
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maximum term of confinement for the offense of which the person was |
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acquitted, to be reviewed at least annually by the court, or upon |
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request of the defendant, the state, the head of a facility to which |
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the defendant is committed, or the person responsible for providing |
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outpatient or community-based treatment and supervision. If the |
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defendant has not been discharged by the court from mental health |
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supervision or treatment before the expiration of that maximum |
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term, upon the expiration of that maximum term the defendant must be |
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discharged from the criminal jurisdiction of this court. The |
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defendant may be further confined or treated after that time only |
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under civil commitment proceedings outside the criminal |
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jurisdiction of this court. |
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"If the court finds that the offense of which the defendant |
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was acquitted did not involve the dangerous conduct specified |
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above, then the court must determine whether the defendant is a |
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person with mental illness or mental retardation. If the court |
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finds that the defendant is a person with mental illness or mental |
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retardation, then the court must transfer the defendant for civil |
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mental health commitment proceedings outside the criminal |
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jurisdiction of this court. If the court does not find the defendant |
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to be a person with mental illness or mental retardation, then the |
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defendant must be discharged. |
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"It cannot accurately be predicted how the criminal and civil |
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commitment laws might be applied if the defendant is found not |
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guilty by reason of insanity because the application of these laws |
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will depend upon decisions made by the courts and mental health |
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authorities regarding the defendant's mental health needs. |
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Therefore, you may consider the existence of the criminal and civil |
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commitment laws described herein, but you are not to consider the |
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extent to which those laws may be applied to this defendant in |
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reaching your verdict." |
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SECTION 5. Article 46C.158, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46C.158. CONTINUING JURISDICTION OF DANGEROUS |
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ACQUITTED PERSON. If the court finds that the offense of which the |
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person was acquitted involved conduct that caused serious bodily |
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injury to another person, placed another person in imminent danger |
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of serious bodily injury, or consisted of a threat of serious bodily |
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injury to another person through the use of a deadly weapon, the |
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court retains jurisdiction over the acquitted person until either: |
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(1) the court discharges the person and terminates its |
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jurisdiction under Article 46C.303 [46C.268]; or |
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(2) the cumulative total period of |
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institutionalization and outpatient or community-based treatment |
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and supervision under the court's jurisdiction equals the maximum |
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term provided by law for the offense of which the person was |
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acquitted by reason of insanity and the court's jurisdiction is |
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automatically terminated under Article 46C.304 [46C.269]. |
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SECTION 6. Article 46C.255(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The following proceedings under this chapter must be |
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before the court, and the underlying matter determined by the |
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court, unless the acquitted person or the state requests a jury |
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trial or the court on its own motion sets the matter for jury trial: |
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(1) a hearing under Article 46C.253; |
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(2) a proceeding for renewal of an order under Article |
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46C.261; |
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(3) a proceeding on a request for modification or |
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revocation of an order under Article 46C.266; and |
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(4) a proceeding seeking discharge of an acquitted |
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person under Article 46C.303 [46C.268]. |
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SECTION 7. Article 46C.259, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46C.259. STATUS OF COMMITTED PERSON. If an acquitted |
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person is committed under this subchapter, the person's status as a |
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patient or resident is governed by Subtitle C or D, Title 7, Health |
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and Safety Code, except that: |
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(1) transfer to a nonsecure unit is governed by |
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Article 46C.260; |
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(2) modification of the order to direct outpatient or |
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community-based treatment and supervision is governed by Article |
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46C.262; and |
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(3) discharge is governed by Article 46C.303 |
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[46C.268]. |
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SECTION 8. Article 46C.270(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) Either the acquitted person or the state may appeal |
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from: |
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(1) an Order of Commitment to Inpatient Treatment or |
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Residential Care entered under Article 46C.256; |
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(2) an Order to Receive Outpatient or Community-Based |
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Treatment and Supervision entered under Article 46C.257 or 46C.262; |
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(3) an order renewing or refusing to renew an Order for |
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Inpatient Commitment or Outpatient or Community-Based Treatment |
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and Supervision entered under Article 46C.261; |
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(4) an order modifying or revoking an Order for |
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Outpatient or Community-Based Treatment and Supervision entered |
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under Article 46C.266 or refusing a request to modify or revoke that |
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order; or |
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(5) an order discharging an acquitted person under |
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Article 46C.303 [46C.268] or denying a request for discharge of an |
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acquitted person. |
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SECTION 9. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies to a defendant |
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acquitted of an offense committed before, on, or after the |
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effective date of this Act. |
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(b) The change in law made by this Act in amending Section |
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8.01(a), Penal Code, and Article 46C.154, Code of Criminal |
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Procedure, applies only to a defendant acquitted of an offense |
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committed on or after the effective date of this Act. A defendant |
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acquitted of an offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this subsection, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 10. This Act takes effect September 1, 2011. |