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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for transporting a criminal defendant who is |
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found incompetent to stand trial to a facility for competency |
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restoration services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.0753 to read as |
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follows: |
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Art. 46B.0753. DEADLINE FOR TRANSFER OF DEFENDANT TO |
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FACILITY. (a) A defendant who under Article 46B.073 is committed |
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to a facility for competency restoration services and placed in the |
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custody of the sheriff or sheriff's deputy in accordance with |
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Article 46B.075 must be transported to the facility providing the |
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services not later than the 21st day following the date the court |
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ordered the commitment. |
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(b) If the facility to which the defendant is committed does |
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not have a space available for the defendant's placement at the time |
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transport is required under Subsection (a), the court that ordered |
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the defendant's commitment shall commit the defendant to another |
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facility providing competency restoration services or a jail-based |
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competency restoration program in accordance with this subchapter. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |