Texas House Bill HB748

Texas 2011 - 82nd Regular

• Introduced: 1/20/11
• Out of House Committee: 4/26/11
• Voted on by House: 5/12/11
• Refer: 2/22/11
• Out of Senate Committee: 5/21/11
• Report Pass: 4/14/11
• Voted on by Senate: 5/25/11
• Engrossed: 5/12/11
• Governor Action: 6/17/11
• Refer: 5/13/11
• Report Pass: 5/21/11
• Enrolled: 5/26/11
• Passed: 6/17/11

Caption

Relating to a criminal defendant's incompetency to stand trial, to certain related time credits, and to the maximum period allowed for restoration of the defendant to competency.

Impact

This bill impacts state laws by refining the processes involved in handling cases of defendants who are found incompetent to stand trial. Specifically, it stipulates how time spent in treatment or confinement counts towards the defendant’s sentence and establishes a limitation on how long defendants can undergo treatment before they must be tried. The introduction of explicit timelines for restoration to competency aims to prevent indefinite detentions and ensures that defendants receive timely evaluations and treatment, thereby upholding their rights under the law.

Summary

House Bill 748 establishes provisions concerning a criminal defendant's competency to stand trial along with modifications regarding time credits associated with this competency. The bill seeks to amend the Code of Criminal Procedure by providing clearer guidelines on how defendants are credited for time spent in various correctional and mental health facilities while their competency is being determined and restored. It also outlines the maximum allowable period for restoration to competency relative to the maximum punishment for the offense charged, promoting an efficient legal framework for dealing with defendants deemed incompetent to stand trial.

Contention

While the bill appears to be aimed at enhancing the fairness of the criminal justice system, it may spark debate around the balance between public safety and the rights of individuals undergoing treatment. Concerns may arise on whether the specified periods for restoration might rush processes that are fundamentally complex, with detractors potentially arguing that defendants require ample time for recovery prior to being judged competent. Nevertheless, supporters believe that the bill could lead to a more streamlined approach to court proceedings for defendants facing mental health issues, aiming to reduce backlogs in the judicial system.