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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. Article 46B.073(e), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e) Notwithstanding Subsections (b), (c), and (d) and |
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notwithstanding the contents of the applicable order of commitment, |
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in a county in which the department operates a jail-based |
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restoration of competency pilot program under Article 46B.090, a |
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defendant for whom an order is issued under this article committing |
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the defendant to a mental health facility or residential care |
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facility shall be provided competency restoration services at the |
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jail under the pilot program if the service provider at the jail |
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determines the defendant will immediately begin to receive |
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services. If the service provider at the jail determines the |
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defendant will not immediately begin to receive competency |
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restoration services, the defendant shall be transferred to the |
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appropriate mental health facility or residential care facility as |
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provided by the court order. This subsection expires September 1, |
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2019 [2017]. |
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SECTION 3. Article 46B.090(o), Code of Criminal Procedure, |
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is amended to read as follows: |
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(o) This article expires September 1, 2019 [2017]. |
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SECTION 4. The change in law made by this Act to Article |
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46B.010, Code of Criminal Procedure, applies only to a defendant |
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with respect to whom any proceeding under Chapter 46B, Code of |
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Criminal Procedure, is conducted on or after the effective date of |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |
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