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A BILL TO BE ENTITLED
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AN ACT
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relating to the period within which a criminal case must resume |
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after a defendant is determined to be competent 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.084(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) If the defendant is found competent to stand trial, |
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criminal proceedings against the defendant may be resumed. The |
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court, on its own motion, shall resume the proceedings in the case |
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not later than the 14th day after the date of a competency |
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determination under this subsection. And after the defendant |
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returns to the jail or other correctional facility. |
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SECTION 2. The change in law made by this Act applies only |
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to a proceeding under Chapter 46B, Code of Criminal Procedure, that |
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commences on or after the effective date of this Act, regardless of |
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when the defendant may have committed the underlying offense for |
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which the defendant became subject to the proceeding. |
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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. |