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A BILL TO BE ENTITLED
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AN ACT
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relating to resuming a criminal case after a defendant is |
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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.079(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) When the head of the facility or outpatient treatment |
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program provider gives notice to the court under Subsection (a) or |
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(b), the head of the facility or outpatient treatment program |
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provider also shall file a final report with the court stating the |
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reason for the proposed discharge under this chapter and including |
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a list of the types and dosages of medications prescribed for the |
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defendant while the defendant was in the facility or participating |
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in the outpatient treatment program. To enable any objection to |
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the findings of the report to be made in a timely manner under |
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Article 46B.084(a-1) [46B.084(a)], the court shall provide copies |
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of the report to the attorney representing the defendant and the |
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attorney representing the state. |
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SECTION 2. Article 46B.084, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (b), and (d) and adding |
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Subsections (a-1) and (d-1) to read as follows: |
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(a)(1) Not later than the next business day following the |
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return of a defendant to the court, the court shall notify the |
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attorney representing the state and the attorney for the defendant |
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regarding the return. Within three business days of the date that |
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notice is received under this subsection or, on a showing of good |
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cause, a later date specified by the court, the attorney for the |
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defendant shall meet and confer with the defendant to evaluate |
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whether there is any suggestion that the defendant has not yet |
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regained competency. |
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(2) Notwithstanding Subdivision (1), in a county with |
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a population of less than one million or in a county with a |
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population of four million or more, as soon as practicable |
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following the date of the defendant's return to the court, the court |
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shall provide the notice required by that subdivision to the |
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attorney representing the state and the attorney for the defendant, |
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and the attorney for the defendant shall meet and confer with the |
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defendant as soon as practicable after the date of receipt of that |
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notice. |
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(a-1)(1) Following the defendant's [On the] return [of a
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defendant] to the court, the court shall make a determination with |
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regard to the defendant's competency to stand trial. The court may |
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make the determination based on the report filed under Article |
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46B.079(c) and on other medical information or personal history |
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information relating to the defendant. A party may object in |
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writing or in open court to the findings of the report not later |
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than the 15th day after the date on which the court received |
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notification under Article 46B.079. The court shall make the |
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determination not later than the 20th day after the date on which |
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the court received notification under Article 46B.079, or not later |
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than the fifth day after the date of the defendant's return to |
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court, whichever occurs first, regardless of whether a party |
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objects to the report as described by this subsection and the issue |
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is set for hearing under Subsection (b). |
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(2) Notwithstanding Subdivision (1), in a county with |
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a population of less than one million or in a county with a |
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population of four million or more, the court shall make the |
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determination described by that subdivision not later than the 20th |
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day after the date on which the court received notification under |
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Article 46B.079, regardless of whether a party objects to the |
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report as described by that subdivision and the issue is set for a |
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hearing under Subsection (b). |
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(b) If a party objects under Subsection (a-1) [(a)], the |
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issue shall be set for a hearing. The hearing is before the court, |
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except that on motion by the defendant, the defense counsel, the |
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prosecuting attorney, or the court, the hearing shall be held |
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before a jury. |
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(d)(1) If the defendant is found competent to stand trial, |
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on the court's own motion criminal proceedings in the case against |
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the defendant shall [may] be resumed not later than the 14th day |
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after the date of the court's determination under this article that |
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the defendant's competency has been restored. |
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(2) Notwithstanding Subdivision (1), in a county with |
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a population of less than one million or in a county with a |
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population of four million or more, on the court's own motion |
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criminal proceedings in the case against the defendant shall be |
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resumed as soon as practicable after the date of the court's |
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determination under this article that the defendant's competency |
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has been restored. |
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(d-1) This article does not require the criminal case to be |
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finally resolved within any specific period. |
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SECTION 3. 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 4. 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, 2015. |
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