84R153 KEL-F
By: Riddle, Rose H.B. No. 2302
A BILL TO BE ENTITLED
AN ACT
relating to the mandatory dismissal of misdemeanor charges against
certain defendants determined to be incompetent to stand trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46B.010, Code of Criminal Procedure, as
amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the
82nd Legislature, Regular Session, 2011, is reenacted to read as
follows:
Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR
CHARGES. If a court orders that a defendant charged with a
misdemeanor punishable by confinement be committed to a mental
hospital or other inpatient or residential facility, participate in
an outpatient treatment program, or be subjected to both inpatient
and outpatient treatment, and the defendant is not tried before the
expiration of the maximum period of restoration described by
Article 46B.0095:
(1) on the motion of the attorney representing the
state, the court shall dismiss the charge; or
(2) on the motion of the attorney representing the
defendant, the court shall:
(A) set the matter to be heard not later than the
10th day after the date of filing of the motion; and
(B) dismiss the charge on a finding that the
defendant was not tried before the expiration of the maximum period
of restoration.
SECTION 2. The change in law made by this Act applies only
to a defendant with respect to whom any proceeding under Chapter
46B, Code of Criminal Procedure, is conducted on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.