By: Riddle, Rose (Senate Sponsor - Whitmire) H.B. No. 2302
(In the Senate - Received from the House May 11, 2015;
May 12, 2015, read first time and referred to Committee on Criminal
Justice; May 24, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 24, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2302 By: Whitmire
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. Article 46B.073(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Notwithstanding Subsections (b), (c), and (d) and
notwithstanding the contents of the applicable order of commitment,
in a county in which the department operates a jail-based
restoration of competency pilot program under Article 46B.090, a
defendant for whom an order is issued under this article committing
the defendant to a mental health facility or residential care
facility shall be provided competency restoration services at the
jail under the pilot program if the service provider at the jail
determines the defendant will immediately begin to receive
services. If the service provider at the jail determines the
defendant will not immediately begin to receive competency
restoration services, the defendant shall be transferred to the
appropriate mental health facility or residential care facility as
provided by the court order. This subsection expires September 1,
2019 [2017].
SECTION 3. Article 46B.090(o), Code of Criminal Procedure,
is amended to read as follows:
(o) This article expires September 1, 2019 [2017].
SECTION 4. The change in law made by this Act to Article
46B.010, Code of Criminal Procedure, 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 5. This Act takes effect September 1, 2015.
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