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A BILL TO BE ENTITLED
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AN ACT
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relating to the mandatory dismissal of misdemeanor charges against |
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certain defendants determined to be incompetent 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.010, Code of Criminal Procedure, as |
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amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the |
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82nd Legislature, Regular Session, 2011, is reenacted to read as |
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follows: |
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Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR |
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CHARGES. If a court orders that a defendant charged with a |
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misdemeanor punishable by confinement be committed to a mental |
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hospital or other inpatient or residential facility, participate in |
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an outpatient treatment program, or be subjected to both inpatient |
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and outpatient treatment, and the defendant is not tried before the |
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expiration of the maximum period of restoration described by |
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Article 46B.0095: |
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(1) on the motion of the attorney representing the |
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state, the court shall dismiss the charge; or |
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(2) on the motion of the attorney representing the |
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defendant, the court shall: |
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(A) set the matter to be heard not later than the |
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10th day after the date of filing of the motion; and |
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(B) dismiss the charge on a finding that the |
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defendant was not tried before the expiration of the maximum period |
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of restoration. |
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SECTION 2. 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 3. This Act takes effect September 1, 2015. |