Texas 2011 - 82nd Regular

Texas House Bill HB748 Compare Versions

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1	1	By: Menendez, Hartnett H.B. No. 748
2	2	(Senate Sponsor - Van de Putte)
3	3	(In the Senate - Received from the House May 13, 2011;
4	4	May 13, 2011, read first time and referred to Committee on Criminal
5	5	Justice; May 21, 2011, reported favorably by the following vote:
6	6	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to a criminal defendant's incompetency to stand trial, to
12	12	certain related time credits, and to the maximum period allowed for
13	13	restoration of the defendant to competency.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 2(a), Article 42.03, Code of Criminal
16	16	Procedure, is amended to read as follows:
17	17	(a) In all criminal cases the judge of the court in which the
18	18	defendant is convicted shall give the defendant credit on the
19	19	defendant's sentence for the time that the defendant has spent:
20	20	(1) in jail for the case, including confinement served
21	21	as described by Article 46B.009 and excluding [other than]
22	22	confinement served as a condition of community supervision, from
23	23	the time of his arrest and confinement until his sentence by the
24	24	trial court; [or]
25	25	(2) in a substance abuse treatment facility operated
26	26	by the Texas Department of Criminal Justice under Section 493.009,
27	27	Government Code, or another court-ordered residential program or
28	28	facility as a condition of deferred adjudication community
29	29	supervision granted in the case if the defendant successfully
30	30	completes the treatment program at that facility; or
31	31	(3) confined in a mental health facility or
32	32	residential care facility as described by Article 46B.009.
33	33	SECTION 2. Article 46B.009, Code of Criminal Procedure, is
34	34	amended to read as follows:
35	35	Art. 46B.009. TIME CREDITS. A court sentencing a person
36	36	convicted of a criminal offense shall credit to the term of the
37	37	person's sentence each of the following periods for which [the
38	38	time] the person may be [is] confined in a mental health facility,
39	39	residential care facility, or jail:
40	40	(1) any period of confinement that occurs pending a
41	41	determination [trial] under Subchapter C as to the defendant's
42	42	competency to stand trial; and
43	43	(2) any period of confinement that occurs between the
44	44	date of any initial determination of the defendant's incompetency
45	45	under that subchapter and the date the person is transported to jail
46	46	following a final judicial determination that the person has been
47	47	restored to competency.
48	48	SECTION 3. Article 46B.0095, Code of Criminal Procedure, is
49	49	amended to read as follows:
50	50	Art. 46B.0095. MAXIMUM PERIOD OF [FACILITY] COMMITMENT OR
51	51	OUTPATIENT TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM
52	52	TERM FOR OFFENSE. (a) A defendant may not, under this chapter, be
53	53	committed to a mental hospital or other inpatient or residential
54	54	facility, ordered to participate in an outpatient treatment
55	55	program, or subjected to both inpatient and outpatient treatment
56	56	for a cumulative period that exceeds the maximum term provided by
57	57	law for the offense for which the defendant was to be tried, except
58	58	that if the defendant is charged with a misdemeanor and has been
59	59	ordered only to participate in an outpatient treatment program
60	60	under Subchapter D or E, the maximum period of restoration is two
61	61	years [beginning on the date of the initial order for outpatient
62	62	treatment program participation was entered].
63	63	(b) On expiration of the maximum restoration period under
64	64	Subsection (a), the mental hospital or other inpatient or
65	65	residential facility or outpatient treatment program provider
66	66	identified in the most recent order of commitment or order of
67	67	outpatient treatment program participation under this chapter
68	68	shall assess the defendant to determine if civil proceedings under
69	69	Subtitle C or D, Title 7, Health and Safety Code, are appropriate.
70	70	The [the] defendant may be confined for an additional period in a
71	71	mental hospital or other inpatient or residential facility or
72	72	ordered to participate for an additional period in an outpatient
73	73	treatment program, as appropriate, only pursuant to civil
74	74	commitment proceedings.
75	75	(c) The cumulative period described by Subsection (a):
76	76	(1) begins on the date the initial order of commitment
77	77	or initial order for outpatient treatment program participation is
78	78	entered under this chapter; and
79	79	(2) includes any time that, following the entry of an
80	80	order described by Subdivision (1), the defendant is confined in a
81	81	correctional facility, as defined by Section 1.07, Penal Code,
82	82	while awaiting:
83	83	(A) transfer to a mental hospital or other
84	84	inpatient or residential facility;
85	85	(B) release on bail to participate in an
86	86	outpatient treatment program; or
87	87	(C) a criminal trial following any temporary
88	88	restoration of the defendant's competency to stand trial.
89	89	(d) The court may credit to the cumulative period described
90	90	by Subsection (a):
91	91	(1) any time that a defendant, following arrest for
92	92	the offense for which the defendant was to be tried, is confined in
93	93	a correctional facility, as defined by Section 1.07, Penal Code,
94	94	before the initial order of commitment or initial order for
95	95	outpatient treatment program participation is entered under this
96	96	chapter; and
97	97	(2) any good conduct time the defendant has been
98	98	granted under Article 42.032 in relation to the defendant's
99	99	confinement as described by Subdivision (1).
100	100	SECTION 4. Article 46B.010, Code of Criminal Procedure, is
101	101	amended to read as follows:
102	102	Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR CHARGES.
103	103	If a court orders that a defendant charged with a misdemeanor
104	104	punishable by confinement be committed to a mental hospital or
105	105	other inpatient or residential facility, participate in an
106	106	outpatient treatment program, or be subjected to both inpatient and
107	107	outpatient treatment, [the commitment of or participation in an
108	108	outpatient treatment program by a defendant who is charged with a
109	109	misdemeanor punishable by confinement] and the defendant is not
110	110	tried before the [date of] expiration of the maximum period of
111	111	restoration [under this chapter as] described by Article 46B.0095:
112	112	(1) on the motion of the attorney representing the
113	113	state, the court shall dismiss the charge; or
114	114	(2) on the motion of the attorney representing the
115	115	defendant, the court shall:
116	116	(A) set the matter to be heard not later than the
117	117	10th day after the date of filing of the motion; and
118	118	(B) dismiss the charge on a finding that the
119	119	defendant was not tried before the expiration of the maximum period
120	120	of restoration[, the court on the motion of the attorney
121	121	representing the state shall dismiss the charge].
122	122	SECTION 5. Section 574.110(b), Health and Safety Code, is
123	123	amended to read as follows:
124	124	(b) An order issued under Section 574.106 for a patient who
125	125	is returned to a correctional facility, as defined by Section 1.07,
126	126	Penal Code, to await [awaiting] trial in a criminal proceeding
127	127	continues to be in effect until the earlier of the following dates,
128	128	as applicable:
129	129	(1) the 180th day after the date the defendant was
130	130	returned to the correctional facility;
131	131	(2) [expires on] the date the defendant is acquitted,
132	132	is convicted, or enters a plea of guilty; or
133	133	(3) the date on which charges in the case are
134	134	dismissed. [An order continued under this subsection shall be
135	135	reviewed by the issuing court every six months.]
136	136	SECTION 6. (a) Except as provided by Subsection (b) of this
137	137	section, the change in law made by this Act applies only to a
138	138	defendant with respect to which any proceeding under Chapter 46B,
139	139	Code of Criminal Procedure, is conducted on or after the effective
140	140	date of this Act.
141	141	(b) The change in law made by this Act in amending Section
142	142	574.110(b), Health and Safety Code, applies only to an order issued
143	143	under Section 574.106 of that code on or after the effective date of
144	144	this Act.
145	145	SECTION 7. This Act takes effect September 1, 2011.
146	146	* * * * *