By: Riddle, Rose (Senate Sponsor - Whitmire) H.B. No. 2302
         (In the Senate - Received from the House May 11, 2015;
  May 12, 2015, read first time and referred to Committee on Criminal
  Justice; May 24, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 24, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2302 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the mandatory dismissal of misdemeanor charges against
  certain defendants determined to be incompetent to stand trial.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 46B.010, 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 to read as
  follows:
         Art. 46B.010.  MANDATORY DISMISSAL OF MISDEMEANOR
  CHARGES.  If a court orders that a defendant charged with a
  misdemeanor punishable by confinement be committed to a mental
  hospital or other inpatient or residential facility, participate in
  an outpatient treatment program, or be subjected to both inpatient
  and outpatient treatment, and the defendant is not tried before the
  expiration of the maximum period of restoration described by
  Article 46B.0095:
               (1)  on the motion of the attorney representing the
  state, the court shall dismiss the charge; or
               (2)  on the motion of the attorney representing the
  defendant, the court shall:
                     (A)  set the matter to be heard not later than the
  10th day after the date of filing of the motion; and
                     (B)  dismiss the charge on a finding that the
  defendant was not tried before the expiration of the maximum period
  of restoration.
         SECTION 2.  Article 46B.073(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  Notwithstanding Subsections (b), (c), and (d) and
  notwithstanding the contents of the applicable order of commitment,
  in a county in which the department operates a jail-based
  restoration of competency pilot program under Article 46B.090, a
  defendant for whom an order is issued under this article committing
  the defendant to a mental health facility or residential care
  facility shall be provided competency restoration services at the
  jail under the pilot program if the service provider at the jail
  determines the defendant will immediately begin to receive
  services. If the service provider at the jail determines the
  defendant will not immediately begin to receive competency
  restoration services, the defendant shall be transferred to the
  appropriate mental health facility or residential care facility as
  provided by the court order. This subsection expires September 1,
  2019 [2017].
         SECTION 3.  Article 46B.090(o), Code of Criminal Procedure,
  is amended to read as follows:
         (o)  This article expires September 1, 2019 [2017].
         SECTION 4.  The change in law made by this Act to Article
  46B.010, Code of Criminal Procedure, 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 5.  This Act takes effect September 1, 2015.
 
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