| 1 | 1 | | 84R2037 LEH-F |
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| 2 | 2 | | By: Menéndez H.B. No. 759 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the maximum cumulative period allowed for restoration |
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| 8 | 8 | | of a defendant's competency to stand trial and to certain time |
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| 9 | 9 | | credits awarded against that cumulative period. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 46B.0095, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (e) to read as follows: |
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| 13 | 13 | | (e) In addition to the time credit awarded under Subsection |
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| 14 | 14 | | (d), the court may credit to the cumulative period described by |
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| 15 | 15 | | Subsection (a) any good conduct time the defendant may have been |
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| 16 | 16 | | granted under Article 42.032 in relation to the defendant's |
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| 17 | 17 | | confinement as described by Subsection (d). |
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| 18 | 18 | | SECTION 2. Article 46B.010, Code of Criminal Procedure, as |
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| 19 | 19 | | amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the |
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| 20 | 20 | | 82nd Legislature, Regular Session, 2011, is reenacted to read as |
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| 21 | 21 | | follows: |
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| 22 | 22 | | Art. 46B.010. MANDATORY DISMISSAL OF MISDEMEANOR |
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| 23 | 23 | | CHARGES. If a court orders that a defendant charged with a |
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| 24 | 24 | | misdemeanor punishable by confinement be committed to a mental |
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| 25 | 25 | | hospital or other inpatient or residential facility, participate in |
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| 26 | 26 | | an outpatient treatment program, or be subjected to both inpatient |
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| 27 | 27 | | and outpatient treatment, and the defendant is not tried before the |
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| 28 | 28 | | expiration of the maximum period of restoration described by |
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| 29 | 29 | | Article 46B.0095: |
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| 30 | 30 | | (1) on the motion of the attorney representing the |
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| 31 | 31 | | state, the court shall dismiss the charge; or |
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| 32 | 32 | | (2) on the motion of the attorney representing the |
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| 33 | 33 | | defendant and notice to the attorney representing the state, the |
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| 34 | 34 | | court [shall]: |
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| 35 | 35 | | (A) shall set the matter to be heard not later |
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| 36 | 36 | | than the 10th day after the date of filing of the motion; and |
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| 37 | 37 | | (B) may dismiss the charge on a finding that the |
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| 38 | 38 | | defendant was not tried before the expiration of the maximum period |
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| 39 | 39 | | of restoration. |
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| 40 | 40 | | SECTION 3. Article 46B.0095(d), Code of Criminal Procedure, |
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| 41 | 41 | | as added by Chapter 718 (H.B. 748), Acts of the 82nd Legislature, |
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| 42 | 42 | | Regular Session, 2011, is repealed. |
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| 43 | 43 | | SECTION 4. The change in law made by this Act applies only |
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| 44 | 44 | | to a defendant with respect to whom any proceeding under Chapter |
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| 45 | 45 | | 46B, Code of Criminal Procedure, is conducted on or after the |
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| 46 | 46 | | effective date of this Act. |
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| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2015. |
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