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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for which a defendant with an intellectual |
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disability who is found incompetent to stand trial may be civilly |
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committed before the court holds a hearing to determine whether the |
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defendant's release is appropriate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.103, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) An order entered by a court under this article must |
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state that the commitment of the defendant to a residential care |
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facility for care, treatment, and training is authorized for a |
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period of not more than 12 months. The order may be renewed for an |
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additional 12-month-period at a hearing conducted in accordance |
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with this section. |
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SECTION 2. Article 46B.107(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) If the court or the state opposes release, the [The] |
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court shall [may, on motion of the attorney representing the state
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or on its own motion,] hold a hearing to determine whether release |
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is appropriate under the applicable criteria in Subtitle C or D, |
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Title 7, Health and Safety Code. The court may conduct the hearing: |
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(1) at the facility; or |
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(2) by means of an electronic broadcast system as |
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provided by Article 46B.013. |
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SECTION 3. A court with jurisdiction over a defendant with |
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an intellectual disability committed to a state supported living |
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center or the Rio Grande State Center who has been a resident of the |
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center and against whom charges are still pending in the court |
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shall, as soon as practicable and not later than September 1, 2018, |
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hold the hearing required by Article 46B.103(b-1), Code of Criminal |
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Procedure, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |