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A BILL TO BE ENTITLED
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AN ACT
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relating to making certain incompetency proceedings available for |
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proceedings held to revoke community supervision granted to a |
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defendant 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. Article 46B.002, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.002. APPLICABILITY. (a) This chapter applies |
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only to the criminal prosecution of a defendant who is charged with |
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a felony or with a misdemeanor punishable by confinement and |
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includes any proceedings in the case that relate to a revocation of |
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deferred adjudication community supervision under Section 5(b), |
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Article 42.12. |
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(b) Notwithstanding Subsection (a), the procedures provided |
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by this chapter are also available with respect to proceedings that |
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are held under Section 21, Article 42.12, to revoke the community |
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supervision of a defendant who, after restoration of the |
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defendant's competency, was convicted on a felony or misdemeanor |
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charge described by Subsection (a). |
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SECTION 2. Article 46B.079, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e)(1) This subsection applies only to a defendant who is |
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subject to this chapter under Article 46B.002(b) and who, |
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immediately before the most recent determination of incompetency |
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under this chapter, was serving a term of community supervision |
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after conviction of a felony offense. |
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(2) For each defendant to whom this subsection |
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applies, the head of the facility or outpatient treatment program |
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provider, as appropriate, shall provide notice under Subsection (a) |
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or (b) to the community supervision and corrections department |
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responsible for supervising the defendant. The notice must be |
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provided at the same time the notice is provided to the court under |
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those subsections. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |