By: Menéndez S.B. No. 1326
(In the Senate - Filed March 11, 2015; March 18, 2015, read
first time and referred to Committee on Criminal Justice;
April 20, 2015, reported favorably by the following vote: Yeas 6,
Nays 0; April 20, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the maximum cumulative period allowed for restoration
of a defendant's competency to stand trial and to certain time
credits awarded against that cumulative period.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 46B.0095, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) In addition to the time credit awarded under Subsection
(d), the court may credit to the cumulative period described by
Subsection (a) any good conduct time the defendant may have been
granted under Article 42.032 in relation to the defendant's
confinement as described by Subsection (d).
SECTION 2. 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 and notice to the attorney representing the state, the
court [shall]:
(A) shall set the matter to be heard not later
than the 10th day after the date of filing of the motion; and
(B) may dismiss the charge on a finding that the
defendant was not tried before the expiration of the maximum period
of restoration.
SECTION 3. Article 46B.0095(d), Code of Criminal Procedure,
as added by Chapter 718 (H.B. 748), Acts of the 82nd Legislature,
Regular Session, 2011, is repealed.
SECTION 4. 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 5. This Act takes effect September 1, 2015.
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