Texas 2015 - 84th Regular

Texas House Bill HB2302 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Riddle, Rose (Senate Sponsor - Whitmire) H.B. No. 2302
2	2	(In the Senate - Received from the House May 11, 2015;
3	3	May 12, 2015, read first time and referred to Committee on Criminal
4	4	Justice; May 24, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 0;
6	6	May 24, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 2302 By: Whitmire
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the mandatory dismissal of misdemeanor charges against
14	14	certain defendants determined to be incompetent to stand trial.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Article 46B.010, Code of Criminal Procedure, as
17	17	amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the
18	18	82nd Legislature, Regular Session, 2011, is reenacted to read as
19	19	follows:
20	20	Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR
21	21	CHARGES. If a court orders that a defendant charged with a
22	22	misdemeanor punishable by confinement be committed to a mental
23	23	hospital or other inpatient or residential facility, participate in
24	24	an outpatient treatment program, or be subjected to both inpatient
25	25	and outpatient treatment, and the defendant is not tried before the
26	26	expiration of the maximum period of restoration described by
27	27	Article 46B.0095:
28	28	(1) on the motion of the attorney representing the
29	29	state, the court shall dismiss the charge; or
30	30	(2) on the motion of the attorney representing the
31	31	defendant, the court shall:
32	32	(A) set the matter to be heard not later than the
33	33	10th day after the date of filing of the motion; and
34	34	(B) dismiss the charge on a finding that the
35	35	defendant was not tried before the expiration of the maximum period
36	36	of restoration.
37	37	SECTION 2. Article 46B.073(e), Code of Criminal Procedure,
38	38	is amended to read as follows:
39	39	(e) Notwithstanding Subsections (b), (c), and (d) and
40	40	notwithstanding the contents of the applicable order of commitment,
41	41	in a county in which the department operates a jail-based
42	42	restoration of competency pilot program under Article 46B.090, a
43	43	defendant for whom an order is issued under this article committing
44	44	the defendant to a mental health facility or residential care
45	45	facility shall be provided competency restoration services at the
46	46	jail under the pilot program if the service provider at the jail
47	47	determines the defendant will immediately begin to receive
48	48	services. If the service provider at the jail determines the
49	49	defendant will not immediately begin to receive competency
50	50	restoration services, the defendant shall be transferred to the
51	51	appropriate mental health facility or residential care facility as
52	52	provided by the court order. This subsection expires September 1,
53	53	2019 [2017].
54	54	SECTION 3. Article 46B.090(o), Code of Criminal Procedure,
55	55	is amended to read as follows:
56	56	(o) This article expires September 1, 2019 [2017].
57	57	SECTION 4. The change in law made by this Act to Article
58	58	46B.010, Code of Criminal Procedure, applies only to a defendant
59	59	with respect to whom any proceeding under Chapter 46B, Code of
60	60	Criminal Procedure, is conducted on or after the effective date of
61	61	this Act.
62	62	SECTION 5. This Act takes effect September 1, 2015.
63	63	* * * * *