Texas 2015 - 84th Regular

Texas House Bill HB211

Filed
11/10/14  
Out of House Committee
 
Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 

Caption

Relating to resuming a criminal case after a defendant is determined to be competent to stand trial.

Impact

The impact of HB 211 on state law is significant as it introduces specific timelines and responsibilities for courts regarding competency determinations. By formalizing the procedures for notifying involved attorneys and setting deadlines for evaluations, the bill aims to streamline the judicial process in cases involving competency issues. Furthermore, it allows for a structured objection process, which is important for safeguarding the rights of defendants while also promoting efficient case management.

Summary

House Bill 211 addresses the procedures for resuming a criminal case once a defendant is determined to be competent to stand trial. The legislation amends the Texas Code of Criminal Procedure by establishing a clear framework for the court's notification and evaluation processes. It mandates that upon a defendant being returned to court, a determination of their competency must be made promptly, based on reports and medical history. This bill seeks to ensure that criminal proceedings can proceed without unnecessary delays, provided the defendant is deemed competent.

Sentiment

Overall, the sentiment surrounding HB 211 appears to be generally positive among lawmakers, as evidenced by the bill passing with a significant majority during the voting process. Supporters argue that the bill enhances the legal system by providing a clearer path for resuming trials, reducing the backlog of cases stemming from competency evaluations. However, there is an undercurrent of concern among some advocacy groups about ensuring that rushed competency evaluations do not compromise defendants' rights or lead to unjust proceedings.

Contention

Points of contention surrounding HB 211 primarily revolve around the balance between efficient legal processes and the rights of defendants. Critics express concerns that the imposed timelines may pressure courts to hastily rule on competency without adequate consideration of each individual's circumstances. This highlights a potential conflict between expediting the trial process and maintaining the thoroughness of assessments related to mental health. Despite these concerns, the overall legislative push emphasizes the need for responsive judicial systems while recognizing the importance of defendant rights.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1383

Relating to procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.

TX HB2743

Relating to procedures regarding the court-ordered administration of psychoactive medication for criminal defendants who are found incompetent to stand trial.

TX HB479

Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services and to the compensation to the county for the costs of confinement occurring after that period.

TX HB4037

Relating to the time period for conducting a pretrial hearing after a criminal defendant has been restored to competency.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB1401

Relating to procedures regarding defendants who may lack the capacity to understand or participate in criminal proceedings or who have participated in certain competency restoration programs.

TX HB322

Relating to certain burdens of proof in determining a defendant's insanity in a criminal case.

TX HB2733

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

TX SB1313

Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.

Similar Bills

No similar bills found.