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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures regarding criminal defendants who have been |
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determined 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.001, Code of Criminal Procedure, is |
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amended by adding Subdivision (9) to read as follows: |
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(9) "Bodily injury" has the meaning assigned by |
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Section 1.07, Penal Code. |
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SECTION 2. Article 46B.071, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46B.071. OPTIONS ON DETERMINATION OF INCOMPETENCY. |
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(a) Except as provided by Subsection (b), on a determination that a |
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defendant is incompetent to stand trial, the court shall: |
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(1) commit the defendant to a facility under Article |
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46B.073 if the defendant is charged with: |
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(A) an offense punishable as a felony; or |
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(B) an offense punishable as a Class A |
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misdemeanor if the alleged conduct resulted in bodily injury to a |
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victim; [or] |
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(2) on the motion of the attorney representing the |
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state, dismiss the charge and proceed under Subchapter F for a |
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defendant charged with an offense punishable as a misdemeanor other |
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than an offense described by Subdivision (1)(B); or |
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(3) release the defendant on bail under Article |
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46B.072. |
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(b) On a determination that a defendant is incompetent to |
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stand trial and is unlikely to be restored to competency in the |
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foreseeable future, the court shall, as appropriate based on the |
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circumstances of the case: |
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(1) proceed under Subchapter E for a defendant charged |
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with: |
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(A) an offense punishable as a felony; or |
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(B) an offense punishable as a Class A |
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misdemeanor if the alleged conduct resulted in bodily injury to a |
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victim [or F]; [or] |
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(2) dismiss the applicable charge, whether felony or |
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misdemeanor, and proceed under Subchapter F; or |
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(3) release the defendant on bail as permitted under |
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Chapter 17. |
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SECTION 3. Article 46B.072(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) This article applies only to a defendant who is subject |
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to an initial restoration period under this subchapter based on a |
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determination made under Article 46B.071. |
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SECTION 4. Article 46B.073(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) This article applies only to a defendant [not released
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on bail] who is subject to an initial restoration period based on a |
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determination made under Article 46B.071 and who: |
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(1) is charged with: |
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(A) an offense punishable as a felony; or |
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(B) an offense punishable as a Class A |
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misdemeanor if the alleged conduct resulted in bodily injury to a |
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victim; and |
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(2) was not released on bail under Article 46B.072. |
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SECTION 5. Article 46B.074(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A defendant may be committed to a mental health facility |
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or residential care facility or ordered to participate in an |
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outpatient treatment program under this subchapter, only on |
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competent medical or psychiatric testimony provided by an expert |
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qualified under Article 46B.022. |
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SECTION 6. Article 46B.106, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a), a defendant charged |
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with an offense punishable as a misdemeanor may only be committed to |
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an outpatient treatment program under this article. |
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SECTION 7. 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 8. This Act takes effect September 1, 2017. |