|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the determination of incompetency in criminal cases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 46B.0095(a), Code of Criminal Procedure, |
|
as amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of |
|
the 82nd Legislature, Regular Session, 2011, is reenacted and |
|
amended to read as follows: |
|
(a) A defendant may not, under Subchapter D or E or any other |
|
provision of 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]. |
|
SECTION 2. Article 46B.0095(d), Code of Criminal Procedure, |
|
as added by Chapter 718 (H.B. 748), Acts of the 82nd Legislature, |
|
Regular Session, 2011, is amended to read as follows: |
|
(d) The court shall [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 3. Article 46B.072(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) The court shall order a defendant released on bail under |
|
Subsection (a-1) to participate in an outpatient treatment program |
|
for the applicable [a] period as follows: |
|
(1) a period of not more than 60 days, if the defendant |
|
is charged with an offense punishable as a misdemeanor; or |
|
(2) a period of not more than [not to exceed] 120 days, |
|
if the defendant is charged with an offense punishable as a felony. |
|
SECTION 4. Article 46B.080(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) On a request of the head of a facility or outpatient [a] |
|
treatment program provider that is made under Article 46B.079(d) |
|
and notwithstanding any other provision of this subchapter, the |
|
court may enter an order extending the initial restoration period |
|
for an additional period of 60 days. |
|
SECTION 5. Article 46B.0095(d), Code of Criminal Procedure, |
|
as added by Chapter 822 (H.B. 2725), Acts of the 82nd Legislature, |
|
Regular Session, 2011 is repealed. |
|
SECTION 6. To the extent of any conflict, this Act prevails |
|
over another Act of the 83rd Legislature, Regular Session, 2013, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 7. The change in law made by this Act applies only |
|
to a defendant with respect to whom any proceeding under Chapter |
|
46B, Code of Criminal Procedure, is conducted on or after the |
|
effective date of this Act. |
|
SECTION 8. This Act takes effect September 1, 2013. |