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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of incompetency in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.0095(a), Code of Criminal Procedure, |
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as amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of |
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the 82nd Legislature, Regular Session, 2011, is reenacted and |
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amended to read as follows: |
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(a) A defendant may not, under Subchapter D or E or any other |
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provision of this chapter, be committed to a mental hospital or |
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other inpatient or residential facility, ordered to participate in |
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an outpatient treatment program, or subjected to both inpatient and |
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outpatient treatment for a cumulative period that exceeds the |
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maximum term provided by law for the offense for which the defendant |
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was to be tried[, except that if the defendant is charged with a
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misdemeanor and has been ordered only to participate in an
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outpatient treatment program under Subchapter D or E, the maximum
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period of restoration is two years]. |
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SECTION 2. Article 46B.0095(d), Code of Criminal Procedure, |
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as added by Chapter 718 (H.B. 748), Acts of the 82nd Legislature, |
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Regular Session, 2011, is amended to read as follows: |
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(d) The court shall [may] credit to the cumulative period |
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described by Subsection (a): |
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(1) any time that a defendant, following arrest for |
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the offense for which the defendant was to be tried, is confined in |
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a correctional facility, as defined by Section 1.07, Penal Code, |
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before the initial order of commitment or initial order for |
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outpatient treatment program participation is entered under this |
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chapter; and |
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(2) any good conduct time the defendant has been |
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granted under Article 42.032 in relation to the defendant's |
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confinement as described by Subdivision (1). |
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SECTION 3. Article 46B.072(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The court shall order a defendant released on bail under |
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Subsection (a-1) to participate in an outpatient treatment program |
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for the applicable [a] period as follows: |
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(1) a period of not more than 60 days, if the defendant |
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is charged with an offense punishable as a misdemeanor; or |
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(2) a period of not more than [not to exceed] 120 days, |
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if the defendant is charged with an offense punishable as a felony. |
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SECTION 4. Article 46B.080(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) On a request of the head of a facility or outpatient [a] |
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treatment program provider that is made under Article 46B.079(d) |
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and notwithstanding any other provision of this subchapter, the |
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court may enter an order extending the initial restoration period |
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for an additional period of 60 days. |
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SECTION 5. Article 46B.0095(d), Code of Criminal Procedure, |
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as added by Chapter 822 (H.B. 2725), Acts of the 82nd Legislature, |
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Regular Session, 2011 is repealed. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. The change in law made by this Act applies only |
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to a defendant with respect to whom any proceeding under Chapter |
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46B, Code of Criminal Procedure, is conducted on or after the |
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effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2013. |