83R1634 GCB-D
By: King of Parker H.B. No. 766
A BILL TO BE ENTITLED
AN ACT
relating to the commitment of certain criminal defendants with a
history of escape or flight to the maximum security unit of a mental
health facility for competency restoration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 46B.073(c) and (d), Code of Criminal
Procedure, are amended to read as follows:
(c) The [If the defendant is charged with an offense listed
in Article 17.032(a), other than an offense listed in Article
17.032(a)(6), or the indictment alleges an affirmative finding
under Section 3g(a)(2), Article 42.12, the] court shall enter an
order committing the defendant to the maximum security unit of any
facility designated by the department, to an agency of the United
States operating a mental hospital, or to a Department of Veterans
Affairs hospital if:
(1) the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6);
(2) the indictment alleges an affirmative finding
under Section 3g(a)(2), Article 42.12; or
(3) the defendant is charged with an offense for which
the defendant could be sentenced to imprisonment in the Texas
Department of Criminal Justice for a term of 20 years or more and
the court finds that the defendant has a documented history of
escape or flight and poses a risk of unauthorized departure from a
mental health facility if not committed to the maximum security
unit of the facility.
(d) If the defendant is not committed as described by
Subsection (c) [charged with an offense described by Subsection (c)
and the indictment does not allege an affirmative finding under
Section 3g(a)(2), Article 42.12], the court shall enter an order
committing the defendant to a mental health facility or residential
care facility determined to be appropriate by the local mental
health authority or local mental retardation authority.
SECTION 2. Article 46B.104, Code of Criminal Procedure, is
amended to read as follows:
Art. 46B.104. CIVIL COMMITMENT PLACEMENT: FINDING OF
VIOLENCE OR HISTORY OF ESCAPE. A defendant committed to a facility
as a result of proceedings initiated under this chapter shall be
committed to the maximum security unit of any facility designated
by the department if:
(1) the defendant is charged with an offense listed in
Article 17.032(a), other than an offense listed in Article
17.032(a)(6); [or]
(2) the indictment charging the offense alleges an
affirmative finding under Section 3g(a)(2), Article 42.12; or
(3) the defendant is charged with an offense for which
the defendant could be sentenced to imprisonment in the Texas
Department of Criminal Justice for a term of 20 years or more and
the court finds that the defendant has a documented history of
escape or flight and poses a risk of unauthorized departure from a
mental health facility if not committed to the maximum security
unit of the facility.
SECTION 3. The heading to Article 46B.106, Code of Criminal
Procedure, is amended to read as follows:
Art. 46B.106. CIVIL COMMITMENT PLACEMENT: NO FINDING OF
VIOLENCE OR HISTORY OF ESCAPE.
SECTION 4. The change in law made by this Act applies only
to a defendant against whom proceedings are initiated under Chapter
46B, Code of Criminal Procedure, on or after the effective date of
this Act.
SECTION 5. This Act takes effect September 1, 2013.